When making any decision in regard to parenting matters, the Court and any officer of the Court (be it a Judge, Registrar or your lawyer) will focus on what is in the “best interests” of the child or children. Any decision that is made is child focused.

For example, if parents cannot decide between themselves how much time a child should spend with each parent or what school to enrol their child in or if a party alleges that the other party is a risk to the child and their time should be supervised, the Court will come back to the same question – what is in the best interests of the child?

Similarly, when your lawyer gives you advice about the most likely outcome in the circumstances of your case they will be applying the same test. The family law system focuses on the interests and rights of the child not what the parents may want or think appropriate.

 

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