To some people, issues relating to child custody during a marriage breakdown and divorce can appear fairly straightforward however, that is not always the case. In various proceedings to determine such matters there have been issues raised by the Court where evidence of a single expert psychiatrist may be required.
In the recent matter of X, the Court sought expert evidence in relation to if the child was too young to sustain significant separations from one of his parents. Questions about a child’s capacity to form memories and the age at which a child might be expected to sustain memories and connection to an absent parent.
Such powerful evidence weighed against relocation of a child where that was contemplated and that it should not take place before the child was eight or nine years of age. If it did there was a very real risk that the child’s relationship with the non-relocating parent would fracture.
The Court accepted the single expert’s opinion that relocation should not take place until the child was older and had acquired the developmental capacity to cope with significant gaps between face-to-face contact with the non-relocating parent.
Matthews Folbigg has a team of experienced family law lawyers, divorce lawyers and child custody lawyers that are well-equipped to assist if you are facing challenges relating to child custody. If you would like to discuss a child custody issue with one of our child custody lawyers, please do not hesitate to contact us on 02 9635 7966 or email us at famlaw@matthewsfolbigg.com.au You will also find various contact options through our website at https://www.matthewsfolbigg.com.au/contact/
