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It
is a fundamental principle of family law that, except in
exceptional circumstances, it is in the interests of a child
to have regular contact with both parents. The issue between
parents is usually about how to sort out which parent the
child lives with (residence) and how and when the child
gets to spend time with the other parent (contact).
How
do you sort out issues of residence and contact?
The
best way to sort these issues out is to talk to you ex-partner
and reach an agreement. It is wise though to get independent
legal advice before you do that so you know exactly where
you stand.
What
happens if you reach an agreement?
If
you reach agreement with you ex-partner it is advisable
to get the Family Court to make an order that reflects what
you have agreed. The benefit of a court order is that, if
your ex-partner doesn't stick to the agreement, you can
go to court to have the agreement enforced. We can draft
the paperwork for you to get a consent order.
What
happens if you don't reach an agreement?
If
you don't reach an agreement with your ex-partner we can
apply to the Family Court for orders to be made. The court
will also encourage you to agree by organising a counselling
session which you, your ex-partner and a court counsellor
attend. (If it has been a violent relationship, or there
are other reasons why you don't want to see your ex-partner,
the court can organise the counselling so that you don't
have to be in the same room.) If the counselling and the
negotiations don't resolve things, the case is referred
to the waiting list for a trial. Because that list is long,
you may have to wait for over a year until your trial takes
place.
What
happens to your child or children in the meantime?
The
court will often make 'interim' orders about your child
while you and your ex-partner wait for the trial. Those
interim orders can be very important - because once you
get to trial one of the things that the court will consider
is the 'status quo' - the current situation. If your child
is happy and settled with the interim arrangements the court
may be reluctant to make changes to those arrangements.
That is one of the reasons it is important to get legal
advice early.
Are
there time limits?
You
can make an application to the Family Court for orders to
be made about residence and contact at any time. If your
circumstances change, or your ex-partner's circumstances
change, you can reapply to the court for existing orders
to be changed or new orders to be made.
Which
solicitors practise in this area?
Our
solicitors who practise in this area are
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