Right of first refusal is a common clause to
include in an custody order, but it can sometimes be tricky for parents to manage, especially in a high conflict situation.
While shared parenting time allows both parents time with their kids, a right of first refusal
clause in a custody order also helps to increase parenting time on both sides.
When a parent wants a
change in the custody order and the parents can not come to an agreement on the change, either parent may motion the court to change the existing order.
Right of first refusal is a common clause to
include in a custody order, but it can sometimes be tricky for parents to manage, especially in a high conflict situation.
His most telling point seems to be in drawing a distinction between: 1) cases in which a ne exeat right is an express
provision in a custody order; and 2) cases in which a foreign statute provides that a non-custodial parent's mere right of visitation automatically triggers a restriction on international travel.
Even when a parent has sole physical and sole legal custody, this does not give her the right to override the visitation
schedule in the custody order.
The Family Law Amendment (Shared Parental Responsibility) Act was introduced by the Howard government in 2006 to rectify perceived
unfairness in custody orders and assuage concerns about the impact of absent fathers.
Shared legal custody, or the right to make major medical, educational and religious decisions affecting the child, is frequently
provided in a custody order awarding primary physical custody to one parent and partial custody to the other parent.
In response, the family court
wrote in the custody order: «The court has carefully considered the findings of the juvenile court, whose jurisdiction is now terminated, and upon the evi - dence presented in trial and the other documents and pleadings in the file, finds that the orders contained herein are in the best interests of the children.
You may have lost your job or experienced an increase or decrease in your pay; there may have been a
change in custody orders; your child may need to attend college, or have sudden major medical bills.
- The terms that should be
in a custody order that will allow international visitation but will minimize the risk that the child may not be voluntarily returned;
If the court decides that it's appropriate to place certain limitations on a joint custody arrangement, it will spell those out
in its custody order.