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My ex is threatening to go for “full custody”

My ex is threatening to go for “full custody”

“Full custody’ – despite the fact that this has not been a concept under the Family Law Act since the mid-90’s, this term is still used by disputing parents.

Custody and access were terms used to describe children living primarily with one parent (custody) and spending time with the other parent (access).

Today, a “threat” to go for “full custody” would be interpreted as an intention to apply to a family law court for an order that children live with one parent as opposed to the other parent.

Despite the language change, the process is still the same.

It is still the case that where parents do not agree with whom, and where, children should live, the family law courts will decide taking into account that it is usually in a child’s best interests to have a relationship and spend time with both their parents, and other people important to their welfare and  development, provided they are safe and protected from harm.

A family law case is investigative in nature. The parties (including any Independent Children’s Lawyer) gather and put evidence of their respective cases to the family law courts from which the court determines where the children’s best interests lie.

This evidence includes opinions from experts (social workers and psychologists), drug and alcohol testing, criminal history reports, psychiatric reports, and medical and welfare notes from hospitals and child welfare authorities.

Parents facing a “threat” by another parent to “go for full custody” should seek legal advice about what they can do to protect their children’s best interests. Often these “threats” are made without any legal foundation.

At Freedom Law, your first consultation is free. Contact us today about your situation.

Family Lawyers Sunshine Coast

Family Law Sunshine Coast

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Sunshine Coast Family Law

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