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Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"
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Changing Family Law Orders and Agreements Involving Children (view source)
Revision as of 21:12, 25 June 2019
, 21:12, 25 June 2019→Changing orders about custody
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*The parent applying for a change in the custody or access order must first prove that there has been a material change in the circumstances affecting the child. | *The parent applying for a change in the custody or access order must first prove that there has been a material change in the circumstances affecting the child. | ||
*If this threshold is met, the judge on the application must make a fresh assessment about what is in the best interests of the child, considering all of the relevant facts relating to the child's needs and the ability of | *If this threshold is met, the judge on the application must make a fresh assessment about what is in the best interests of the child, considering all of the relevant facts relating to the child's needs and the ability of each parent to satisfy the child's needs. | ||
*This assessment is based on the findings of the judge who made the previous order, as well as the new circumstances. | *This assessment is based on the findings of the judge who made the previous order, as well as the new circumstances. | ||
*The assessment does not begin with a legal presumption in favour of the parent with whom the child mostly lives, although that parent's views are entitled to great respect. | *The assessment does not begin with a legal presumption in favour of the parent with whom the child mostly lives, although that parent's views are entitled to great respect. | ||
*The focus is on the best interests of the child, not the interests, rights and entitlements of the parents. | *The focus is on the best interests of the child, not the interests, rights, and entitlements of the parents. | ||
In other words, the applicant must show that there has been a serious change in circumstances that affects the child's best interests before a court will even consider the application. Once this hurdle is crossed, the court will look at all of the circumstances before making a decision, as if the case was being heard for the first time. Most importantly, this means that there is no automatic presumption in favour of the status quo. | In other words, the applicant must show that there has been a serious change in circumstances that affects the child's best interests before a court will even consider the application. Once this hurdle is crossed, the court will look at all of the circumstances before making a decision, as if the case was being heard for the first time. Most importantly, this means that there is no automatic presumption in favour of the status quo. | ||