Change of Residence: When Court Decides Where Your Kids Live

In Episode 4 of Dear Divorce Diaries, Joplin Higgins and Darren “Daz” Mort return to answer listener questions and discuss some of the most emotionally charged issues in family law — especially change of residence and how the court evaluates parenting capacity.

Daz & Jop begin by reminding listeners of the podcast’s ground rules: they will discuss themes, not give direct legal advice, and they won’t discuss specific people or cases. Most listeners are navigating family law for the first time, so the hosts aim to provide clarity and support in a confusing process.

The conversation then moves to the complex topic of change of residence, which used to be called custody. Daz explains that these cases are among the hardest to win because they involve destabilising a child’s primary care arrangement. The court prioritises risk and safety, and the child’s views are considered but weighed based on age and developmental maturity.

Daz and Jop also discuss how the court assesses parental attitude — especially where one parent refuses to facilitate a relationship between the child and the other parent. They share a real courtroom example showing how disrespect and denigration can dramatically harm a parent’s case. The hosts emphasise that the court is focused on maintaining stability and safety, not punishing parents.

The episode then explores the role of step-parents, challenging the common stereotype that they are “bad” or unwanted. The hosts share examples of healthy step-parent relationships and how cooperative co-parenting can benefit children. They also discuss the risks of a new partner who may be unsafe, and how this can impact a change of residence case.

Finally, the episode covers capacity to parent and the role of family reports, including child impact reports, psychological assessments, and children’s views reports. While these reports can be helpful, the hosts remind listeners that they are just one piece of evidence and are not always conclusive.

The episode ends with a reminder that family law is a complex system, and that understanding the themes and processes can help parents make better decisions for their children.

Key Topics Covered:

• Rules for listener questions (no legal advice, no names, no case details)
• Change of residence explained (formerly custody)
• Court’s focus: risk, safety, and child’s views
• How parental attitude affects outcomes
• The impact of coercive behaviour and denigration
• The role of step-parents in modern families
• Risk of unsafe new partners
• Capacity to parent and how courts assess it
• Family reports, psychiatric reports, and children’s views reports
• The cost and limitations of expert reports

And because no two separations look the same, you can be part of the conversation.

Listeners are invited to submit their questions for Daz & Jop, with future episodes dedicated to answering real experiences, real challenges and real concerns from the people who need guidance most.

Whether you’re contemplating separation, navigating court, co-parenting, or simply trying to put your children first through the uncertainty — The Dear Divorce Diary Podcast offers steady, professional guidance to help reshape the path ahead.

Real law. Real families. Real conversations.

Subscribe, listen, learn — and know that you’re not alone.

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