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Child custody & maintenance - FAQs & Advice

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What about my children – who will take custody?

Who takes custody of your children depends on the case – parents will often try to obtain permission from the courts to relocate, and in some cases, they may still relocate even if they do not obtain permission. When deciding which parent gets custody of the child, the paramount factor that courts take into account is what is in the best interests of the child or children. This is determined by reference to many factors:

  • The child’s personal feelings and opinions
  • If there is any risk of harm to the child
  • The age, gender and background of the children
  • The capability of the parent to provide for and support the child
  • The effect any potential changes could have on the child

If you are worried about the risk of your partner leaving the country or moving to another part of the country with your child or children, then it is possible to apply to court for a Prohibited Steps Order to prevent the removal of the child from its current location.