Can my ex win full custody on the with no grounds of merit

Anonymous Asked:

My ex partner and I have joint custody of our daughter and have so for the past 7 years.

My ex served me papers wanting full custody and for my child support payment to quadruple effective in 4 weeks time.

I love my daughter dearly and see her 50% of the time. Can my ex win full custody on the with no grounds of merit? Also, can my daughter choose who she would want to live with full time if it came to that?

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Deepa Tailor, Barrister Solicitor and Notary Public

3 years ago

Thank you for the question. The courts will preserve the status quo regarding decision making and parenting time. With recent changes to the legislation, decision making will be based on the best interest of the child legal test. The child support owing will be determined once the decision making, and parenting time is finalized and will be based on that. It is worth noting that table child support and special and extraordinary expenses will both have to be considered. Without having specific details and relevant information its difficult to provide specific answers regarding the child support liability. We recommend that you speak to a lawyer about your current situation.

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