custody of children

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Child custody is a legal term regarding guardianship which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of legal custody, which is the right to make decisions about the child, and physical custody, which is the right and duty to house, provide and care for the child. Married parents normally have joint legal and physical custody of their children. Decisions about child custody typically arise in proceedings involving divorce, annulment, separation, adoption or parental death. In most jurisdictions child custody is determined in accordance with the best interests of the child standard.Following ratification of the United Nations Convention on the Rights of the Child in most countries, terms such as parental responsibility, "residence" and "contact" (also known as "visitation", "conservatorship" or "parenting time" in the United States) have superseded the concepts of "custody" and "access" in some member nations. Instead of a parent having "custody" of or "access" to a child, a child is now said to "reside" or have "contact" with a parent.

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  1. Ximenalaballena

    NSW Custody of Children After 1.5 Years of Separation - Help?

    Hi everyone. Very grateful for any opinions here. My ex and I separated 1.5 years ago. We have wanted to avoid family court so after my ex initially refused anything even close to equal time, I’ve been allowing a very slow transition to an eventual equal time of custody of children. This was...
  2. J

    NSW Access to Children After Divorce - What to Do?

    Deep breath, tissues at hand. My ex-partner made some very wild and serious allegations about me when I asked her for a divorce. Long story short, she accused me of sexual intercourse with out consent. It went to trial but then the DPP pulled the plug. (lack of corroborating evidence/no medical...
  3. R

    WA Getting My Baby Back - Go to Police or Court?

    My ex’s sister-in-law has been looking after my daughter for almost 3 years now. I haven’t seen her for 2. She is now 5. For the past 2 years, I have tried to contact this sister to gain access to my baby & only ever received a response 2 months ago. She was meant to have brought my daughter up...
  4. A

    VIC Family Court - Thoughts on Father's Interim Application for Contact?

    Posting a new thread for some educated opinions on applications to the court - interim and final orders (parenting). To recap, dad hasn't seen the child for about 6 years. No previous relationship with the mother. The father was only notified about child post birth of the child where he did...
  5. S

    VIC 50% Child Support Questions?

    My daughter has recently had a final hearing gaining 50% custody of children of her daughter. My daughter is currently on Centrelink Newstart allowance, paying child support every fortnight as her daughter lives with her non-biological father, as well as caring for her the time she is in her...
  6. A

    VIC Post mediation going downhill fast. Advice for dad wanting to see child

    I'm back again following my partner attending mediation. I can copy paste the story so far if need be from my previous posts. Dad requested shuttle mediation and mum declined saying she wouldn't attend unless he went in the room with her just then two. He agreed. He went in very prepared...
  7. A

    NSW How Does Parental Custody of Children Work?

    Hi guys Quick background of my situation as follows: I have a 1.5yr old baby who's currently staying with his mum and we have a interim hearing coming up. I am currently doing supervised visits once a week and am quite confident that I will get unsupervised visits in the next hearing (i.e...
  8. B

    QLD 50-50 Custody of Children - Where Do I Stand?

    So I've been reading and reading and I hoping I already know the answer to this. For the last three years I've been working interstate away from my at the time wife (hi if you're reading) and we have recently decided to separate. I am going back to the hometown and want to get 50-50 custody of...
  9. Complex16

    QLD Surviving Custody of Children Hearing - Help?

    How does one manage to get through a custody of children hearing alive? Struggling. Looking for help on tips re cross examination specifically. Thanks
  10. P

    NSW Custody of Children - Continual Breach of Orders?

    In January, this year, interim orders were put in place for my children. I share custody of children 50/50. My ex 9 times out of 10 does not have the children at the family court approved meeting place, and is either hours late or decides to change the meeting place to suit his schedule, which...