Modifying A Child Custody Order

Parents often want to modify a child custody order, especially if the current order is negatively affecting the child. If you have a final custody determination in place, you must show the court that there has been a significant change in circumstances that affects the child (or children) so much that a modification is essential to the child's welfare. The courts have denied requests for modification of child custody on several occasions due to the requesting party not proving this essential element.

Some key cases that explain this rule are Montenegro v. Diaz (2001) 26 C4th 249 and Marriage of LaMusga (2004) 32 C4th 1072.

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