First of all, it is important to understand that the Women's Charter does not say that the children must follow the mother. It says that "the paramount consideration shall be the welfare of the child and subject to this, the court shall have regard to" the parents' wishes and (if the child is able to express an independent opinion) the child's wishes. (Section 125)
Third, in many cases, the Court will give significant weight to certain factors:
Naturally, the age of the child is an important factor.
The party providing a stable environment for the child (leading up to the divorce) is likely to gain a significant advantage. This is because the Court generally wants to preserve the stability already existing around the child (and avoid upsetting the established routine).
Therefore, Lam & Co. can help you assess who is more likely to get the child in the following situations:
- The child has just been born and the mother has been breastfeeding the child.
- The child is of a young age and the mother has been the primary
care giverfrom birth.
- The mother has been busy with her career, leaving not enough time for the child, and the father has been the primary
care giverin the period leading up to the divorce.
- The paternal grandparents have been the primary caregivers.
This is why it is crucial for you to call Lam & Co. as early as possible. Where appropriate, you can, with our assistance, create a stable environment and routine which is more advantageous to you.
Four, the morality of the mother may or may not come into play. Adultery is primarily a breach of spousal duty, not
Fifth, the Court will take into account all the circumstances of the case including whether either parent has a gambling addiction, (alcohol) drinking addiction, depression or other medical or mental issues, limited (or no) engagement or interest in the child's life, sufficient (or insufficient) time to look after the child, etc.
Sixth, the Court can also take into account the child's independent opinion.
Call Lam & Co. now at 6535 1800 for an assessment of your situation.
About Lam & Co.
We seek to appreciate and understand your situation and put your aims and objective first. We will use our tried and tested Lamnco Method (developed over more than 25 years of successful legal experience) and strive for the best possible outcome for you.