Busting child custody myths

Everyone in the community all of sudden become a family law expert once they see anyone going through divorce. Sussi the neighbour, David the family friend, Nick the divorced cousin, everyone has a story to tell, usually, the stories you hear aren’t actually correct and mostly they wouldn’t even apply to your divorce situation. I urge people not to get information from those sources.

I am taking this opportunity to share the top five myths when it comes to child custody in Family or Divorce Matter.

1 “The Courts will always favour the mother”.

Not true. There is no legal presumption that a child must or should live with the Mother over the Father. Rather, the courts will always look at what is in the child’s best interest.

2 “A Parenting Plan is enforceable”

Not true. A parenting plan between two parents is not a legally enforceable but a Family Court Order is enforceable.

3  “I don’t need the other parents’ consent to move interstate permanently with my child.”

Untrue. If you wish to relocate, you need to speak to the child’s other parent and receive permission.

4 “Our child gets to decide who they want to live with when they turn 12”

Untrue. There is no law that says once a child turns 12 they get to decide their parenting arrangements. Children have a say but it is different from a choice.
 

5 “There is nothing I can do about my ex-partner bad mouthing about me in front of the children.”

Untrue. You are able to obtain an Order that prevent a person from denigrating or insulting you in the hearing and or presence of the children.
 

~Ajay Devgun
Family and Divorce Lawyer