The best interests of the child are always taken into account when decisions are made regarding the custody and access of children. For example, the court could examine your existing relationship with the child and see if your commitment would have a positive or negative effect on the child`s life. The court may also consider your relationship with the child`s parents. If you are requesting leave, you must explain to the court why you are applying, why you are applying for custody of your grandchildren, what connection you have with the children concerned (what role you play or have played in the children`s lives) and why you should be placed on leave to apply. A judge will decide, on the basis of the facts of your case, whether or not you grant the departure. Parents may also agree that a third party – such as a grandparent – can apply for custody. If you receive leave, you will process the principal custody application for your grandchildren. The judge will only consider a person`s behaviour in the past if it is relevant to their ability to care for a child. The law states that it is important to determine custody or access if a person has committed violence or abuse against them: custody may also relate to where the children live at a given time. This is sometimes referred to as “physical custody.” You may be able to resolve your custody and mediation visit issues with the help of a trained mediator.
If you do, the Ombudsman will probably help you write an agreement that the judge will sign, so it is a court order. If you do not reach an agreement in mediation, you will both go before the judge so that he or she can make a decision in your case. Learn more about the on-call agency. Shared custody: two people, usually the parents, share responsibility for a child`s decision-making. This does not necessarily mean that a child spends “the same” time with both parents. If you are applying for custody of your grandchild in court, you should find out why you should get permission to apply. This is called the “leave request.” You are requesting a leave of absence while requesting your conservatory. If you think a child may be in Australia, but you are not sure where, you can ask the court for a site order. When a site order is granted, it is most often: a grandparent can apply himself, or both grandparents can apply together if one or the other wants to apply with the child or children. In addition, the counties in North Carolina that offer mediation as you try to resolve your case through mediation before seeing a judge.2 Mediation is an opportunity to resolve a case without going to court. In counties where mediation is required, someone from the court will meet with you and the defendant to try to reach an agreement on custody and visitation.
If your mediation is successful, your safeguard and conciliation agreement will be put into competition and approved by a judge, thus becoming a court decision. However, if you are a victim of domestic violence, no mediation is necessary. The court may waive mediation if you can prove that domestic violence occurred between you and the other parent.3 If you have a lawyer, you can choose whether your lawyer can assist you in the mediation process. For more information, see When can I be excused by mediation. What if I`m a victim of domestic violence? Contact time is the time a child spends with someone other than a parent or legal guardian, on court order or arrangement.