Custody

During divorce or separation it’s important to make arrangements for the custody of children to ensure they are not disadvantaged in a final settlement.

When you look after your children and have put your career “on hold” it’s likely your personal net worth has been impacted.

Often the legalities around child custody and parenting decisions during relationship breakdowns and divorce are a matter of negotiation.  Knowing the rights and obligations of both parties for the post-divorce financial settlement is key. Jeremy Sutton prides himself on achieving best outcomes in the shortest possible timeframe so you can get on with your new life.

Why Jeremy Sutton?

For the past 20 years Jeremy Sutton has specialised in high net worth, financially complex divorce cases. He knows what works to get the job done assiduously, fairly and quickly and how to protect you and your significant assets through divorce.

How does the Family court determine custody?

The Family Court determines who has day-to-day care and contact by looking at certain principles. The first and paramount consideration the Courts will consider will be the welfare and best interests of the child. The Court will consider the following principles:

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Fathers' rights and child custody

When my child is in my care, does my partner have first rights to care when I am unable to look after them?  Facts: I have my six year old child every Thursday to Sunday.  On Saturday night, I sometimes go to watch rugby and leave the child with a babysitter.  My spouse is annoyed about this.

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What happens when you split up - Who gets custody and who gets the property?

Usually, when couples separate after being together for more than three years, the law requires their relationship property be divided equally between each party.  The law on relationship property is determined under the Property Relationship Act.  Sometimes if the relationship has lasted less than three years, equal sharing may still apply if that would be considered just.

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