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The Court in considering an application concerning where the children will live and who they will spend time with considers many factors but the overriding consideration is what is in the best interest of the children. This is to be determined objectively rather than what the individual parents might think is in the best interests of the children. How the children interact and live on a day to day basis is very important. The relationship the children has with each of their parents and extended family is very important and stability of the children’s lives is very important.
The Court will consider the history of the arrangements with the children if the Court is called in to decide on the issues by either of the parties.
It is of great assistance if you have a good history of the time that you have spent with the children and other related matters such as your involvement with the children. At Watson & Watson we recommend that you maintain a brief chronology, history, timeline so that you are able to objectively set out the history of the children and the contact with each of the parents and other important people in their life such as grandparents. We can assist if you telephone to discuss this aspect as to what we suggest would be of great assistance if the need arises. A small time in recording the history as it happens is great preparation and of great assistance if the need arises.
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