Children - care & contact
New South Wales
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This is an order made by the court which says who is responsible for various aspects of your child's life. There are three main types of orders:
These are the words used to describe where the child lives. It is different to the old custody orders, because it does not mean that the person who lives with the child automatically has the right to make decisions about all other aspects of the child's daily life, e.g. education, health care, etc.
The person with the residence order does not necessarily have sole responsibility for the ongoing welfare of the child. This is often dealt with by other specific orders.
However, it is assumed that the person with the residence order has the powers and responsibilities that are necessary to allow the child to live with them.
These are the legal words used to describe a person's right to see their child, when the child does not live with them.
The court can make many different sorts of orders depending on the circumstances. The orders may be for:
A court can stop contact. Here are some situations where this may happen.
Specific issues orders
These are orders that deal with daily decisions about children that are not covered by residence or contact orders. For example:
If you have a residence order for your child, you might also have specific orders that give you authority to make decisions about:
If you have a contact order, you might also have specific orders that:
Can I appeal?
Yes. Your rights of appeal depend on who made the decision that you disagree with.
Any decision of a Local Court can be appealed to the Family Court. The Family Court then considers your case afresh.
If an interim decision is made in the Family Court by a registrar or a judicial registrar, this decision can also be appealed. The case is again considered afresh and is heard by either a judge (appeal from a judicial registrar) or a judicial registrar (appeal from a registrar).
An interim decision by a judge cannot usually be appealed, although it may be varied if there are new circumstances before the final hearing.
A decision of a judge made at a final hearing can be appealed to three judges of the Family Court. This is called the Full Court of the Family Court. This can be very expensive. It's important to get legal advice if you are thinking about this because an appeal must be filed at the registry within 28 days of the decision. If you are late you have to get special permission from the Full Court to start the appeal.
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