Children’s Issues

The courts take a very careful approach in deciding what is in the best interests of children in family law cases.

Did you know?

  1. A court must consider equal shared parental responsibility for long term decisions for children such as education, religion and medical treatment, and will only make an order for one parent to solely make these decisions in extreme circumstances;
  2. If a court finds equal shared parental responsibility is in order, then it must consider a shared parenting regime such as “week-about care”;
  3. The wishes and desires of children become more important as the child grows older, to the point where a court is unlikely to make orders about where a 15-year old child shall live;
  4. The court receives evidence of a child’s wishes principally from the preparation of a family report and not direct from the child or from the parents of the child;
  5. Relocation with children can be difficult, but if there is good reason for a move, and a relationship between the children and the other parent can be maintained, the court will find it difficult to stop a parent relocating on a final basis.

To find out more information tailored to your particular circumstances, please contact our office by email at office@lmlaw.com.au or call (07) 4128 1177 to speak with our experienced family law solicitor.

 

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