There are no hard and fast rules about residence and contact. Only general principles or guidelines for making decisions regarding your children. Each case is individually treated by the Court and by us.
Whether you are reaching your own decision or seeking a decision by the Court, there are some matters which are relevant:

The Wishes of the Children
The express wishes of the children as to contact or residence are not the only matter to be considered and are not necessarily conclusive or final. There is no magic age at which children can decide with whom they want to live with or visit. The Court may place less reliance or weight on the wishes of a young child as compared with the wishes of a teenager.

Who has Been the Primary Caregiver for the Children?
This means the parent who has been primarily responsible during the relationship for the day-to-day care of the children. This includes matters such as who has been the parent to attend to the tasks associated with the care of the children including bathing, feeding, supervising and other matters.

The Effect of Separation on Children
This includes separation from either of their parents or persons such as a step parent, grandparent, brother or sister.

A Change to the Existing Arrangements for the Children
This includes where the children have been living, the school the children have been attending and friends in the neighbourhood, etc.

Parenting Capacity
Each parent’s capacity to provide for the physical, emotional and intellectual needs of the children.

Abuse
A need to protect children from physical, sexual or emotional abuse.

There are other matters which are relevant and may be special to your particular family. These should be discussed with us.

For more information download the Kells’ Fact Sheet: Making Decisions About Children After Separation