Family Law FAQ

My Former Partner won’t let me see our child. How long will it take for the courts to give me access?

Far too long. You can apply for orders to establish parenting time or access. It will not be easy and it will cost money. If your former partner continues to disobey an order made by the court, the court can levy a fine of up to $5000.00. The court can also draw an inference. This means that every time your former partner breaches an order they look less and less reasonable. The court will take notice of this and it will work in your favor.

It takes too long. It costs too much money. Sometimes it’s the only way.

Can I get sole Custody?

Custody is no longer the term we use, it is now called Guardianship. Termination of guardianship is a last resort. Unless your child’s other parent has persistently engaged in highly inappropriate conduct it is unlikely that you will be able to get sole guardianship.

However, if you can prove that it is in the best interest of the child you can alter the parenting responsibilities and parenting arrangements. This means that while one party will still be a guardian he or she will have less time with the child, and have less influence in how your child is parented.