The court that made the original custody and access order retains jurisdiction to decide on the amendment, unless the parties and the child no longer have a close connection with the court and the court waives jurisdiction. However, the court with original jurisdiction may refuse to decide the question of custody if a child has been unlawfully removed from another State or without the consent of the person having custody of the child. If, despite the previous or current issuance of an injunction against a parent under Chapter Two hundred and nine A, the court orders statutory or physical joint custody either as an interim injunction or in substantive proceedings, the court must provide written submissions in support of that joint custody order. Grandparents and others can apply for custody, but the presumption in favour of biological parents can make it difficult. Learn more about access and custody for non-parents. In addition to custody orders, the judge is also likely to issue support orders. Keep in mind that a child support order is separate from custody and access, so you can`t refuse to let the other parent see the children just because they don`t make the court-ordered support. And you can`t refuse to pay child support just because the other parent won`t let you see your children. But child support and child custody are linked, because the time each parent spends with the children affects the amount of child support.
Click here to learn more about child support. After a judge makes a custody or access order, 1 or both parents may want to change the order. Typically, the judge approves a new custody and access order, which both parents accept. If the parents cannot agree on a change, 1 parent can apply to the court for a change. This parent will likely have to fill out certain forms to request a court hearing and prove to the judge that circumstances have changed significantly (e.g., the children would be harmed if the order was not changed) or some other good reason to change the order. Both parents will likely need to meet with a mediator to discuss why the court order needs to be changed. When ordering or deciding on custody of children, the rights of parents, in the absence of wrongdoing, are considered equal, and the happiness and well-being of children determine their custody. In considering the child`s happiness and well-being, the court considers whether the child`s present or past living conditions affect the child`s physical, mental, moral or emotional health. In some cases, the judge may appoint a custody assessor to conduct a custody assessment and recommend a parenting plan. A parent can also request a review, but the request cannot be granted. Parents may have to pay for an exam. If a parent tries to change the custody decision, the onus is on them to show the court why it should be changed.
The court follows the idea: “If it`s not broken, don`t fix it. This is based on the idea that stability is best for the child unless you can show that there is something in the environment that affects the child`s well-being. It`s not as easy as it sounds. You need to show that your home is better than that of the custodial parent (not just as good). To do this, you must show that circumstances have changed significantly and that it is in the best interests of the child to make the change you are proposing. If the two chambers are considered equal, custody remains as it is. Keep in mind that an interim or pending custody order is not a final order. They would not be required to prove a substantial change in circumstances in order for temporary custody to be changed in the permanent custody order. Ultimately, in joint custody cases, a parent is given final decision-making authority for periods when the parents are unable to make an amicable decision. Generally, the final decision rests with the parent who has primary physical custody. (Note: Physical custody is also shared in most cases.) Most people think that joint physical custody is equal time or something almost identical, but it`s not necessary.
In many cases, the child usually lives with one parent (the “custodial parent”), while the other parent has access. However, it is increasingly common for courts to create true “shared” custody arrangements where the child lives equally with both parents. The law states that judges must award custody based on what is in the “best interests of the child.” People go to the courthouse every day and tell employees that the parent did not return the child at the scheduled time after the visit and that they do not know what to do.