When parents do not live together, arrangements for their child may be settled by agreement or determined by the district court. The child's best interests are the primary consideration, not either parent's preference.
Issues Determined
- which parent the child will live with and who will exercise parental rights;
- how the child will maintain personal contact with the other parent;
- the amount of child maintenance and the date from which it is payable;
- how decisions on education, health, travel and other important matters will be made.
The court considers the care provided by each parent, parenting capacity, emotional bonds, the child's age and daily environment, available family support and all other relevant circumstances. Income is important when maintenance is assessed, but it is not the sole criterion for parental rights.
Variation of Existing Arrangements
A final judgment or court-approved agreement may be varied following a material change in circumstances, such as a lasting change in care, residence, the child's needs, compliance with contact arrangements or the parents' ability to provide support. Mere disagreement with the earlier decision is insufficient; the effect of the change on the child must be shown.
Consultation
Previous judgments or agreements, information about day-to-day care and income, and a clear chronology of the family circumstances are helpful.
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