NSW How Does Judge Make a Family Law Decision?

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Lost221

Well-Known Member
20 October 2016
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So it's a child's right to know and spend time with both parents.

What does a family law judge use to make a decision about the time they give to each parent. What factors about the other parent will they use to weigh the decision?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
The judge makes a decision based on what s/he is persuaded to be in the best interests of the child according to the evidence provided by each of the parties.

The specific factors the Court considers is provided in section 60CC of the Family Law Act 1975.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
Agree with both above.

Just wanted to point out an inconsistency with the Family Court document and the legislation at s60CC of the Family Law Act 1975.

RE - Family Violence

It appears the Family Court document refers to the pre 2012 legislative amendments...

  • Any family violence order that applies to the child or a member of the child’s family, if:
    • the order is a final order, or
    • the making of the order was contested by a person.

The legislation post the 2012 amendments now states at subsection 3(k)

(k) if a family violence order applies, or has applied, to the child or a member of the child's family--any relevant inferences that can be drawn from the order, taking into account the following:

(i) the nature of the order;

(ii) the circumstances in which the order was made;

(iii) any evidence admitted in proceedings for the order;

(iv) any findings made by the court in, or in proceedings for, the order;

(v) any other relevant matter;

In any event, the Court document sammy has provided is very useful!
 

Trying68

Well-Known Member
29 March 2017
32
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Tamworth
My ex put my daughters name on avo her reason being that my daughter would get upset when i would send her gifts .now the ex got this avo i am not alowed to give my daughter any gifts until it all goes to court.