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NSW Federal Circuit Court - Granting Overnight Stays with My Children?

Discussion in 'Family Law Forum' started by DadonaMission, 21 August 2015.

  1. DadonaMission

    DadonaMission Well-Known Member

    3 July 2015
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    Hi there,

    I, the father, am seeking significant time with my three children aged 11, 4 and 3 in the Federal Circuit Court. The ex mother and I live within 10 kilometres of each other. My work and hers are flexible. I have retained the former marital home and kept the children's bedrooms.

    I have been reading that some regard it as not beneficial for under 4 year old to have overnight stays.

    Can anybody let me know from experience whether the family law court is likely to grant overnight stays? I would like them to have 4-5 nights per fortnight with me.

  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Family law is case-by-case and there are as many cases in favour of overnight time for under-fours as there are against. Many, many children as young as only a few months old have been ordered to spend overnight time with the other parent. It would depend on whether its best for the children to do so, which comes down to an assessment of what care arrangements were after separation and before the courts got involved, how well each parent is able to meet day-to-day obligations like getting them to school in the morning and sleeping arrangements in the house, and how healthy the relationship is between the parent and children. The only person able to give advice about whether or not overnight time is advisable is a family consultant assigned to your case.

    My step-daughter was there when first interim orders were made for three nights a fortnight. She's five now and we have her 50/50.

    Hope this helps.
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    DadonaMission likes this.

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