Frequently Asked Questions
Yes. You can apply to vary an order if there’s a material change in circumstances.
Courts consider the child’s age, needs, and relationship with each parent to determine access.
Yes. Joint custody is common unless one parent is unfit or unwilling.
Custody refers to decision-making rights; care and control relates to daily living arrangements.
Yes. Courts may consider the child’s wishes, especially for older children, if appropriate.
Yes. You may apply for a court order to restrict relocation or seek a recovery order.
The child’s best interests, safety, relationship with each parent, and capacity for care.
Not necessarily. Parenting plans or consent orders are often used to formalise arrangements.
It varies. Simple cases may resolve in weeks, while contested matters can take months.
Yes. Custody is based on the child’s welfare, not gender.