If you recently divorced or separated from your children, you could be thinking about your child’s custody rights and rights.
According to Australian family law children are entitled to enjoy a close relationship with both their parents. Therefore, both parents are entitled to the same rights to custody of their children, in the absence of evidence of the contrary.
This article will go over child custody rights and the things you need to know should the issue of parenting arrangement goes to Court.
Do You Have to Attend Court To Resolve Child Custody Rights?
Before we discuss child custody rights in Australia It is crucial to understand that we don’t use the term “child custody” in Australia. It is a term used in the USA which you are likely to be familiar with because of its influence on American television.
In Australia We use the term “parental responsibility”. This article will employ these terms to refer to them interchangeably.
Contrary to what some think, you don’t need to go to Court to determine your child’s custody rights. It is understandable that it can be somewhat difficult, especially given the emotions and stress during a separation or divorce to settle things peacefully between you in a formal manner. However, it’s advised to do this because in the event that your issue was to be taken to Court the outcome could be uncertain and could lead to unfavorable agreements.
If you can’t agree, it is suggested to try mediation before going to Court.
What Are the Child’s Custody Rights determined in Court?
You might be thinking If you decide to go to Court what exactly would the rights of your child’s custody be decided?
The legal basis for the Court making decisions on parenting matters is referred to by the Family Law Act as equal parent responsibility.
A shared parenting responsibility refers to that the Court determines which parent the kid will have time and reside with, and who has the most influence over the child. The parents of both are considered equals since this is believed to serve the best interests of the child.
Many factors will determine the decision of the Court will decide to break from the presumption of equal parental responsibility is applicable legally referred to as being in the best interest of the child.
Factors that the Court considers when Deciding Custody Rights for Children Custody Rights
As per The Section 60CC provisions of the Family Law Act, the Court will be able to consider the following aspects when deciding the rights of your child’s 抚养权 and arrangements for child custody:
1. The advantages of a child having a positive relationship with both parents and
2. When there’s a reason to safeguard the child from physical or mental danger, violence from the family or neglect.
The two above factors are the most important issues to be considered by the Courts in concert.
Here’s a list other elements that are taken into consideration. Based on the specific circumstances of your situation the following factors are considered more or less important:
The child’s opinions;
The child’s relationship with both parents.
The requirements of the child, and the capacity for each parent meet the child’s needs;
The location where the child attends school, and the actuality of where every parent lives
The amount of involvement the parents have had to their kid in the previous
The attitudes of every parent toward their parenting role;
If there is a family violence that is involved, and a violence court order is in effect;
The capacity of parents to maintain a connection with one another the benefit of their children or children and
The characteristics of the child, including their maturity level life style, environment, and background.
What is an Independent Child’s Lawyer (ICL)?
As your child is minor, the laws of family in Australia define that children can’t legally represent their rights in court.
As such, an independent child’s lawyer is chosen as a representative of what they consider to be in the best interest of the child.
The job of an ICL includes:
Assuming an agent’s position between parents and their children;
Facilitating discussions and negotiation between parents and children;
Organising and preparing testimony for Court and
Facilitating participation of children to participate in the proceedings so in the manner that is appropriate.
It is crucial to seek legal advice
When it comes to the rights of children in Australia it is crucial to remember that each situation is unique. So, the way your dispute will be resolved is largely dependent on the specific circumstances of your particular case.
To understand the potential of your case Please do not be afraid to contact our knowledgeable family lawyers today.
