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QLD Family Court - Chances of Dad Getting Primary Carer Status?

Discussion in 'Family Law Forum' started by Outback, 19 November 2015.

  1. Outback

    Outback Member

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    My partner has been the primary carer of his 3 daughters, all under 10, for past 2 years. We are heading to trial in Family Court in a few weeks to seek final orders, and the mother is putting up a strong case, saying the girls miss her terribly, and that the dad is just doing this to hurt her, which is just not true. No doubt they miss her but are ok about it all. She has moved 700km away from girls.

    Guess I am just after some statistics under Family Law regarding the father being granted permanent primary carer status.

    Thanks in advance for any help.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Statistics for successful cases are immaterial in family law because it's dependent on what's in the best interests of the children, based on their particular circumstances. Being case-by-case decisions, you can't predict an outcome based on what's been decided in the past.

    Generally speaking, fathers, in my view, are granted primary carership just as often as mothers, these days, so it comes down to their case and their evidence. The court is usually reluctant to order changes of residency if the arrangements have been in place for a very long time and the resident parent is supportive and encouraging of the children's relationship with the non-resident parent. The prospect of removing kids from a location in which they have established relationships and roots, like friends and schooling, is not desirable in most cases, either.

    Realistically, what should be pitched is stability, support and encouragement for the kids to continue having a meaningful relationship with the relocating parent, and a care arrangement that ensures the kids continue seeing the other parent regularly.
     
  3. sammy01

    sammy01 Well-Known Member

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    Yep. Look, I tend to agree with the other poster as far as statistics goes... I kind of disagree with the assertion that dads are granted primary care just as often as mum's. But what really matters is the history of the case and even more importantly 'best interest of the kids'.

    So let's look at the history. Well, for the past 2 years the dad has been the primary carer.

    Next - Best interest of the kids. Well, if they go with their mum 700km away, they are gonna miss the dad, the step mum, etc., so how is that any better? You've also mentioned that the mum is saying that the dad is only doing this to hurt her. The dad didn't move 700km away, the mum did.

    Is mum looking at returning or does she wanna move the kids 700kim away?
     

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