Our client has FCC proceedings in relation to a young child with autism. The concern of the client is the extent to which the time that the child spends with each parent may need to change over time to account for advice from a medical professional i.e. if the child is having trouble adjusting to spending time with each parent.
We would appreciate any direction in terms of how a diagnosis of autism would be considered by the court should the matter proceed to hearing and whether interim order can and should include provision for amendment based on medical advice.
Thank you kindly
Thank you for the question.
The best interests of the child remain paramount. If the parents are able to work co-operatively and agree to act in accordance with medical advice without the need for strict orders that may be the best outcome for the child, but the fact they are involved in litigation suggests this may not be possible.
Interim orders offer the flexibility of applying for slight tweaks based on medical advice. Once final orders are made this is more difficult.
The court will consider the child’s autism along with the other s 60CC considerations to determine what orders are in the best interests of the child.
The following cases where the child had autism may assist with regard to possible orders:
Regards
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