Either party may file an application for variation (variation of a custody or access order). The party requesting the amendment of the decision must prove that circumstances have changed substantially since the adoption of the original decision. The court will hold a hearing to determine whether a change is in the best interests of the child. A hearing usually begins with procedural information provided by the judge. The parent who filed the application for the custody order (or their lawyer) has the first opportunity to speak and present evidence, followed by the other parent (or lawyer). If you are attending a custody hearing, you need to be as prepared as possible. This means knowing your arguments and having the evidence at your fingertips. Here are five important tips to get you started: Once a decision has been made by the judge, it will indicate whether sole or joint custody is granted. It also indicates who will be the main custodian and a schedule of visits.

The judge will consider many factors, but will always make a custody agreement based on what is in the best interests of the child. The impression you give at your hearings could influence your case years later. Be sure to prepare well with your lawyer before each hearing. When representing yourself, use all the resources at your disposal. There are two types of custody, physical custody and legal custody. If a parent has the right and obligation to make decisions for their child, it is custody. Types of decisions include discipline, education, medical care, and religion. Many custody disputes revolve around physical custody, which determines which parent will physically reside the child. While each case is different, factors considered by the court may include things like: In some circuit courts (e.g., Fairfax), you`ll likely have two lawsuits about a month apart (or more): the first for custody and parental leave, and the second for divorce and child support. The first hearing (also known as a pre-trial hearing) is automatically scheduled when a parent files a case with J&DR and is used to determine the status of the case. The judge may approve a settlement agreement or, if the parents cannot agree, plan the next steps in the case.

Hearings and lawsuits can have a significant impact on you and your children. The preparation of evidence is crucial. It is important to act appropriately before the courts. The judge will want to see that you have a positive influence on your child, and he will look for negative behaviour that your child could learn from you. Parents involved in custody proceedings should work with their lawyers to summarize all the information and be prepared to do their best in a short period of time. There are usually no witnesses present at custody hearings, but you can submit written witness statements such as witness character reference letters. Other evidence could include: Court appearances can be quite scary, especially when custody of your child is determined. Parents should be involved as much as possible in all custody proceedings. Here is some information on what to expect during family court proceedings and how to prepare for the best possible outcomes. The courts schedule hearings on the next available filing date or on an undisputed day that applies only to settlements.

They will wait several weeks or even months for your hearing. When entering a court to advocate for child custody, it`s important to be as prepared as possible. Preparation means aligning your arguments, but it also means appealing to the right people and dressing appropriately. Here are four important things you should have put in place: Depending on the information shared during a hearing, the judge may take one or more of the following steps: Depending on the reason for your hearing, you may also be able to provide the judge with a proposed parenting plan and schedule so they understand what you think is best for your children. Bring enough copies for yourself, the other parent and the judge. In cases of domestic violence, parents can apply to J&DR court for protection orders for themselves or their children, even if they have a divorce case in circuit court. Visits (also known as « timeshare ») are the plan for how parents will spend time with children.