QLD Relevance of step-family and biological family

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Dad 2 + 1

Well-Known Member
21 March 2019
18
0
71
I'm curious about what weight, if any, the court have in assessing the family environments provided by divorced parents.

My ex lives alone with the children and has no family nearby. She would see her family on average every 2 or 3 years. She has had a number of relationships (not a huge number) since we divorced.

I live with my new wife and step daughter, and my children when they are with me. My children have a wonderful relationship with their step-sister and my wife (I don't call her their step-mother) and they have aunties, uncles and a grandmother all nearby, who we see regularly (weekly at least).

Does the court differentiate at all about such situations?


(Sorry for the intricate questions. I'm assembling my arguments for final trial and don't want to present things the court sees as irrelevant).
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Her relationships are not relevant unless they pose some risk too the children. The courts primary view is that kids have the right to a meaningful relationship with both PARENTS. As far as I know, that dosen't extend to grandparents.. Nice if they do see then often enough to have a meaningful relationship but not a negative if they don't.

It's good if you are able to demonstrate that your kids have a healthy family environment with you, but I highly doubt that would detract in any way from what a court considers the mothers time and family environment to be... It's just my opinion, but I believe the court is more interested in the facts that you can present to support your own case rather than trying to paint the other party in a bad light, UNLESS it pertains to the kids being put at risk of being exposed to harm or psychological abuse.