Legal Question in Family Law in Australia
Custody of my infant child
I have a 12 month old daughter to my former partner, we have no formal custody agreements, but have decided that she will have full custody for the time being. However when I asked to have my daughter every second weekend she said by law she doesn't have to let me have her overnight until she is at least two years old. Is there an age restriction on when the father can have their child overnight or is she just saying this so I can't have my child? Should I be getting solicitors involved?
2 Answers from Attorneys
Re: Custody of my infant child
there is no age limit with respect to when children can start spending overnight visits. however the cold hard facts are that many children under 2 or 3 simply wouldnt cope very well with overnight visits. the preferred option for that age group is shorter, but more frequent visits. it probably is worth talking to a solicitor as it is impossible to give you a very precise idea of what you should be aiming for wiothout a lot more info. feel free to email me at [email protected] if you wish to.
Re: Custody of my infant child
You should be getting a solicitor involved. There is no law to say you can't have your child overnight. However in general the courts take the view that children should not begin overnight stays with the parent who has not been the primary caregiver until 2 to 3 years of age.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
