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Children
What happens with the children is often the hardest, most emotional issue to deal with when a relationship breaks down
In all child related decisions the best interests and welfare of the particular child is paramount. This may mean that different decisions are made for each child within a family.
It is a myth that the Family Court favours women. Gender is rarely a consideration for determining what is best for a child. Increasingly the Courts are recognising a child’s need to have as much time with both parents as possible.
The general philosophy is that a child is an individual in his or her own right and as such has a right to his or her own identity. A child is entitled to have secure and stable relationships with their maternal and paternal families.
Ideally the parents, guardians and caregivers should consult, agree and co-operate regarding a child’s care and development.
Every family and each child has its individual and particular circumstances. There is no standard rule to apply when determining the care of children.
The Court will take into account all factors relevant to a child’s development, wellbeing and care. Those factors are in no way limited.
Parents can rest assured that all legislation relating to the care of children provides that the welfare and interests of a child is the paramount consideration.
Separation | Dissolution | Property | Guardians | Domestic violence | Mental health and incapacity
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"May I begin by thanking you for distilling our various mixed conversations, emails and text messages into this very apt and succinct response.
Not only am I impressed at the coverage of the affidavit but also the depth of the issues which you have clearly understood and been able to relay in legal speak.
At times reading this is emotional, and the culmination of many years now of frustration.
Thank you for taking the time to do a thorough professional job with this."
Senior manager of a university
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