Custody Modification
The client is seeking to change the current shared custody arrangement in New South Wales to full custody due to concerns regarding their child's welfare while in the mother's care. There are reports of the child's involvement in concerning behaviours, including drug use and being unsupervised for extended periods. The client claims the mother has breached the custody agreement by failing to inform them of significant events affecting the child's health. Evidence such as witness statements and medical records has been gathered. The client wishes to relocate the custody arrangement to Queensland and proposes that the mother have supervised visits with the child. The Family Court has not yet been involved in this matter.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps do I need to take to modify the existing custody arrangement to seek full custody in Queensland?
To modify the existing custody arrangement to seek full custody in Queensland, you will need to apply to the Family Court of Australia. First, gather all relevant evidence showing the breach of custody and any dangers to your child's well-being. Consider mediation or a Dispute Resolution session as a preliminary step, as the court often requires proof of attempted mediation before proceeding. Submit an 'Application for a Parenting Order' and a 'Notice of Risk' to the court. If changing jurisdiction is necessary, you may have to apply for a transfer of the case to Queensland, demonstrating why this is in the child's best interests. Engaging a family lawyer to navigate these processes effectively is advisable.
What kind of evidence is considered persuasive in court to demonstrate that my child's safety is at risk?
In court, persuasive evidence demonstrating your child's safety risk includes documented patterns of neglect or endangerment, such as witness statements from individuals who have observed the risky behaviour, medical records indicating physical or psychological harm, and video evidence of the child engaging in unsafe activities. You should also consider evidence of the mother's failure to disclose medical treatment, which breaches the custody agreement. Additionally, compiling a detailed log of incidents, including dates and descriptions of concerning behaviour, can strengthen your case.
Can the jurisdiction of the custody arrangement be changed from New South Wales to Queensland, and if so, how?
Changing the jurisdiction of a custody arrangement from New South Wales to Queensland is possible, but it requires a legal process. You would need to apply to the Family Court of Australia to transfer the matter. The court will consider factors such as the child’s best interests and the current living arrangements. Since you have moved to Queensland, you must demonstrate that the relocation is in the child's best interest and that Queensland is now a more appropriate forum.
What are the potential legal consequences for my ex-wife if she is found to be in breach of the custody agreement?
Potential legal consequences for your ex-wife, if found in breach of the custody agreement, could include changes to the existing parenting orders to limit or change her time with the child. The court may impose conditions such as requiring her visits to be supervised to ensure the child's safety. Additionally, the court may issue orders for her to undergo counselling or parenting courses. Persistent breach of orders may lead to contempt proceedings, which can result in fines or, in severe cases, imprisonment.
How can I ensure that my concerns are taken seriously by the court, and what role does the Family Court play in such matters?
To ensure your concerns are taken seriously by the court, you should present detailed evidence, such as witness statements, medical records, and documentation showing your child's behaviour. The Family Court's role is to make decisions based on the best interests of the child, prioritising their safety and welfare.
