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The courts look at what's best for the child. This includes the child's age, health, emotional ties with parents, parents' lifestyles and ability to care for the child, and sometimes the child’s own wishes if they are old enough.
To modify an existing custody agreement, you need to show the court that there's been a significant change in circumstances that affects the child's well-being. This could be a change in one parent's job, a relocation, or the child's needs changing as they grow older.
Non-custodial parents have rights to visitation, being informed about the child’s life, like education and health, and the right to spend time with their child, unless the court decides it’s not in the best interest of the child.
Joint custody in NSW means both parents share the responsibility for making decisions about their child's life, like education and health care. It doesn't always mean the child spends equal time with each parent, but it focuses on sharing parental duties and time with the child as equally as possible.
Mediation involves a neutral third party helping parents discuss and resolve their disputes. It’s a confidential process where both parties can outline their concerns and preferences and, with the mediator’s help, work towards a mutually agreeable solution without going to court.
Ensure your child's needs are prioritised by providing clear and organised information about your child’s routine, health, education, and emotional ties with family and community. Your lawyer can help you present a compelling case that clearly outlines these aspects to the court.
In contentious cases, the court may appoint a children’s lawyer who represents the child’s interests, ensuring their needs and welfare are taken into account in any decisions. Other protections might include supervised visitations, specific conditions placed on custody, and visitation rights to safeguard the child.
Yes, grandparents can seek visitation rights. If it’s in the best interest of the child, the court can grant grandparents the right to spend time with their grandchildren. The court will consider the relationship between the grandparent and the child and any impact the visitation is likely to have on the child.
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