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Answered in 1 hour by:
6/23/2009
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
VerifiedUntil there are court orders in place, both parents have parental responsibility for the child. There is nothing stopping the Father from having the child 3 days in a row. If he takes this action then the Mother would have to file an initiating application in the Federal Magistrates Court seeking orders that reflect the child's best interests.
There is a common misconception (which the Father in this matter appears to be under) that parents have a right to 50/50 care of a child. That is not the case. Children have a right to have a relationship with each of their parents in a way that is in their best interests. It is clearly not in your grandchild's best interests to start spending 3 days at a time away from his Mother, who has been his primary carer.
There is a common misconception (which the Father in this matter appears to be under) that parents have a right to 50/50 care of a child. That is not the case. Children have a right to have a relationship with each of their parents in a way that is in their best interests. It is clearly not in your grandchild's best interests to start spending 3 days at a time away from his Mother, who has been his primary carer.
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