If my case goes to court will the court make all the decisions about our children?
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If your case ends up in court it is because you and your ex-partner cannot agree about parenting arrangements. At the end of the hearing the court can make parenting orders for your children.
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Before the court makes decisions about the parenting orders it will listen to the evidence. Both you and your ex-partner will give evidence and so will an independent Family Consultant. Other people may also need to give evidence relevant to your case.
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When making decisions the court’s primary concern is the best interests of the children.
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The children’s best interest is defined in the legislation (written law). Many things need to be considered but the primary ones are that a child has a right to have a meaningful relationship with both parents and a child has a right to be safe. The child’s safety is the most important factor.
Read some more FAQS from our Children & Parenting section