Children

Q. Do mothers always get the children?

A. The court looks at both parents and grants residence to one or the other according to the best interests of the child. The statistics prove that in 30 - 40% of defended cases, the fathers are successful.

Q. Why do husbands always have to pay child support?

A. Child support liability depends on who the child lives with, for what period of time and how much the other parent earns. A detailed formulae is used to assess this liability. See The Child Support Agency website:www.csa.gov.au

Q. Do I have to get an order for residence (custody) if I have the kids?

There is no legal requirement that the party who has the primary care of the children after separation must apply for a residence order. In many cases the Court is reluctant to change the status quo in relation to children in the interim.

Q. What if s/he does not return the kids?

A. If the children have had contact with the non residence parent and s/he does not return them, an urgent order may be sought. In these circumstances it is appropriate to apply quickly and urgently to the Court to obtain a residence (and recovery) order. However you should seek the advice and assistance of a lawyer before making such an application.