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In the failure and dissolution of a marriage, the care and custody of and the access to children become key concerns of spouses who are going their separate ways. Much stress and anxiety arise; the stakes are irreducibly personal. Important and strategic decisions need to be taken; urgent steps and applications have to be made to protect the interests of the parties. A clear and confident understanding of how the welfare principle is actually applied, how the tender years presumption is engaged and rebutted, how the courts approach joint custody and shared care, and how an order, once obtained, is enforced, varied, or protected against breach becomes critical.
This book provides direct and practical guidance on key factors to be considered in handling a child custody matter. Throughout, readers are reminded of the welfare of the child, which is the paramount principle which determines the decision of the court when making custody, access and maintenance orders. The relevant statutory provisions are addressed, and the key case authorities summarised. Pre-emptive steps to prevent the relocation of children overseas are discussed and the use of port alert orders as well as other enforcement measures are explained.
The valuable information provided in this guide includes advocacy and strategy in custody proceedings, a clear account of procedure from the filing of custody proceedings to judgment, measures to handle domestic violence, and instructive checklists and drafting tips. The useful chapter on mediation, collaborative practice and alternative dispute resolution in custody proceedings offers ideas for the resolution of custody conflicts away from the courts.
The deep dive into all relevant matters concerning the determination of the custody of children meets an important need of family law practitioners, counsellors, judges, disputing parties and all those interested in the welfare of children following a contested custody dispute.
Key Features
Table of Contents
In the failure and dissolution of a marriage, the care and custody of and the access to children become key concerns of spouses who are going their separate ways. Much stress and anxiety arise; the stakes are irreducibly personal. Important and strategic decisions need to be taken; urgent steps and applications have to be made to protect the interests of the parties. A clear and confident understanding of how the welfare principle is actually applied, how the tender years presumption is engaged and rebutted, how the courts approach joint custody and shared care, and how an order, once obtained, is enforced, varied, or protected against breach becomes critical.
This book provides direct and practical guidance on key factors to be considered in handling a child custody matter. Throughout, readers are reminded of the welfare of the child, which is the paramount principle which determines the decision of the court when making custody, access and maintenance orders. The relevant statutory provisions are addressed, and the key case authorities summarised. Pre-emptive steps to prevent the relocation of children overseas are discussed and the use of port alert orders as well as other enforcement measures are explained.
The valuable information provided in this guide includes advocacy and strategy in custody proceedings, a clear account of procedure from the filing of custody proceedings to judgment, measures to handle domestic violence, and instructive checklists and drafting tips. The useful chapter on mediation, collaborative practice and alternative dispute resolution in custody proceedings offers ideas for the resolution of custody conflicts away from the courts.
The deep dive into all relevant matters concerning the determination of the custody of children meets an important need of family law practitioners, counsellors, judges, disputing parties and all those interested in the welfare of children following a contested custody dispute.
Key Features
Table of Contents
Sign up now as a CBS member & enjoy our royal discounts!