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| Family Law |  Divorce, Separation Mediation Custody, Guardianship & Access Child Support |
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Shared Parenting
The courts are moving away from awarding sole custody of children to parents on the basis that it is in the best interest of children to have the benefit of the parenting skills of both parents. The philosophy is moving towards shared parenting regimes. While there is no statutory definition of shared parenting as yet it has come to mean that a child has a right to equal access and opportunity with both parents, the right to be guided and nurtured by both parents, the right to have both parents involved in major decisions made and to have the benefit of both parents' wisdom, judgment and experience. Children do not forfeit these rights when their parents separate. However, while Children do not forfeit their rights to participate in a shared parenting regime, the parents, by their conduct, can forfeit their right to continue participating in that regime. For example, parents who actively alienate the children from the other parent, manipulate the children by using them to hurt or harm the other parent or fail to abide by court orders regarding their care may find themselves precluded from participating fully in the lives of their children. Where a parent causes harm to a child, either directly or indirectly, is it fair for the court to impose shared parenting on the children. Children are, after all, human beings and not chattels or possessions of their parents.Shared Parenting does not necessarily mean that the Children reside equally with each parent. |
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Variation Orders
The court cannot make final orders relating to custody, guardianship, access and child support. Any time there is a significant change in circumstances which affects the child the court can reconsider or vary any existing order provided that it is in the best interests of the child to do so. For example, if a residential parent were to become seriously ill and unable to provide adequate care for a child, then the court will reconsider the existing orders which affect the child. Please call us for an appointment at
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