Child Custody – Andrews Family Law https://andrewsfamilylawyers.com.au Mon, 15 Jul 2024 05:49:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.1 https://andrewsfamilylawyers.com.au/wp-content/uploads/2023/11/favicon-blue.svg Child Custody – Andrews Family Law https://andrewsfamilylawyers.com.au 32 32 Child custody arrangements, do you understand the differences? https://andrewsfamilylawyers.com.au/child-custody-arrangements/ Sat, 13 Jul 2024 10:10:13 +0000 https://andrewsfamilylawyers.com.au/?p=6291

When you’re dealing with child custody arrangements of your child, it’s crucial to get the process correct. Decisions around parenting arrangements have long term effects on children and co-parents. There are different options available. We want to use this article to ensure you understand the best plan for you and your family. 

Documenting parenting arrangements

Decisions around parenting can be documented formally or informally.

Informal arrangements

If parents are on good terms, they can draft a parenting plan to document their agreement. While this option can work for some, it has risks. Since parenting plans aren’t legally enforceable, it’s difficult for a parent to hold their former spouse accountable if they breach the agreement.

Court order

The other option is to apply to the Court for a court order. If the parents have an existing parenting plan, this can be formalised through a consent order. This is generally recommended for the benefit of the child.

If parents can’t agree on an arrangement, they’re required to attend family dispute resolution to mediate their differences. If dispute resolution doesn’t produce a suitable outcome, the Court can grant parenting orders that meet the best interests of the child.

Types of Child Custody Arrangements in Australia

There are many ways to arrange child custody in Australia. There are two primary custody areas: physical custody and legal custody.

Legal custody

Legal custody refers to a parent’s right to make decisions affecting the child’s life. In the Family Law Act, this is referred to as parental responsibility.

Parental responsibility

The Family Law Act defines parental responsibility as all of the duties, powers and authority that parents have in relation to their child. The Family Court previously assumed equal shared parental responsibility to be in the child’s best interests. This meant that both parents had an equal say in major long-term decisions such as their child’s education, healthcare and living arrangements. However, it no longer starts from this position. Regardless, we recommend co-parents find a way to both maintain a meaningful relationship in their child’s life.

parental responsibilities

Physical custody

Physical custody refers to the child’s living arrangements. Parents can choose for the child to live primarily in one residence, or share physical custody.

Joint custody

Parents can decide that the child will split their time between two residences. This can work, but there are many factors you should consider before choosing this option.

Proximity. If you don’t live in close proximity to the other parent, it can make splitting living arrangements difficult and stressful for children.

Parental capacity. Are both parents able to accommodate caring for their child on a regular basis? For example, if one parent travels a lot for work, these arrangements may not be appropriate.

Specific needs. If a child has specific medical requirements or other needs, traveling between residences regularly may be inappropriate.

Full custody

Often, full custody will be granted to one parent. This can be the best arrangement for various reasons.

Preference. One parent may not be inclined to have the responsibility of having their child live with them.

Availability. If a parent cannot be present to take on parental duties, then the other parent having full custody would be best.

Historical roles. One parent may have performed the role of primary caregiver during the relationship. Maintaining this continuity with full custody may be best for the child.

Family violence

One major determining factor in full custody arrangements is the existence of physical or psychological harm. The likelihood of a child experiencing or being exposed to child abuse is a primary consideration when deciding on parental responsibilities in the Family Law Act.

Conclusion

Many divorces involve a child under the age of 18. In these circumstances, the child’s parents must consider how to organise their parenting responsibilities. You can document the arrangement informally or through court orders depending on the situation. Custody arrangements cover the decision-making responsibilities of each parent, as well as where the child will live. Living arrangements can be shared by the parents, or be given solely to one parent.

If you’re organising child custody arrangements for your child, it’s important to seek legal advice. Contact our office for a free consultation.

]]> How Long Does Court Take for Child Custody? (What Parents Should Expect) https://andrewsfamilylawyers.com.au/how-long-does-court-take-for-child-custody/ Mon, 10 Jun 2024 04:17:36 +0000 https://andrewsfamilylawyers.com.au/?p=5966

Child custody cases are some of the most sensitive in family law. When organising parenting arrangements, the Family Law Act requires the Family Court to prioritise the child’s best interests. Parties often wonder how long does court take for child custody as they aim to settle parenting matters as quickly as possible.

This article will explore the timeframe you can expect to face and the complications that can arise.

Child custody timeline

The easiest and quickest way to make parenting arrangements is through a consent order. Parenting consent orders provide co-parents a way to organise parental responsibility cooperatively.

With a properly completed application, the Court will usually process the application within around six to eight weeks.

Here’s the basic timeline to follow.

Consent orders

Seek legal advice

It’s not necessary to obtain legal advice before applying for consent orders. A family lawyer will smooth the application process, though.

Preparing and filing documentation

There are two essential documents you must file to get a parenting consent order. The first is a Notice of child abuse, family violence or risk. This form is part of the Court’s responsibility to report to authorities. It covers the following:

  • Allegations of child abuse or a risk of child abuse.

  • Allegations of family violence or a risk of family violence that amount to abuse of a child.

The other document is the application itself. The application will cover how major long-term decisions will be made regarding crucial parts of your child’s life. The application can then be filed online through the Commonwealth Courts Portal.

For more information on how to prepare a consent order, visit and read our blog titled “How to Prepare for a Consent Order? (Important Steps for a Smooth Process)”

Preparing for the requirements for a consent order

Discover: Understanding Child Custody Laws in Australia

Parenting orders

Some parents fall into custody battles because one or both parents can’t accept proposed custody arrangements. This means that court proceedings will settle the matter.

The Family Law Court will add delays to the process. It’s vital to have professional support.

Pre-action procedures

Parties seeking to begin a court action must make a genuine attempt to resolve the matter amicably. This involves inviting the other party to participate in alternative dispute resolution, such as mediation or counselling.

If these actions are completed without success, you will receive a Genuine Steps Certificate to recognise you have satisfied the pre-action requirement.

Some applications are exempt from this requirement. Such applications include:

  • Urgent applications.

  • Applications that include allegations of family violence.

  • Applications that would be prejudiced by pre-action procedures.

Initiating application

The applicant must file an initiating application to begin the action for parenting orders. You may apply for interim orders simultaneously if you feel it’s necessary. Interim orders put a temporary order in place while the Court considers the final orders. If you’re applying for interim orders, you must attach an affidavit stating their reasons.

The respondent may file a response to the application, setting out their case. The response must be served on the applicant through ordinary service and any independent children’s lawyers appointed.

application in family law court

First court hearing

The first court date is usually set for six to twelve weeks after filing the initiating application. The Court will make procedural orders regarding the next step in the proceedings and what actions the parties must take.

Interim hearing

A date will be set to decide on an interim order if one party applied for one. The Court will consider the affidavits submitted by the parties and the oral submissions of their family lawyers.

Child dispute conference

The parties will meet with a court-appointed family consultant to try and reach an agreement. After the conference, the consultant will prepare a report summarising the issues and their recommendations for proceeding. For example, they may recommend the Court appoint an independent children’s lawyer to represent the child.

A copy of the report will be provided to each party’s lawyer, the judge and the parties.

Final hearing

A final hearing will be set if the parties still can’t agree. The Court endeavours to hold the final hearing no later than 12 months from the initial application. This hearing may take between one and three days. The judge will read affidavits provided by each party and their witnesses. The parties will give an oral address, and each lawyer will have a cross-examination.

The judge may make a decision immediately or within three months. The process can last approximately 18 months or even two years.

final court hearing

Conclusion

With the child’s best interests in mind, parties should take every opportunity to make a parenting agreement. The Court can usually organise consent orders in six to eight weeks. However, disputed cases can run on for months or even years.

We offer free consultations if you need help with a consent order

Book a FREE Consultation

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]]> What Is a Consent Order? (Why It’s Useful for Family Law Matters) https://andrewsfamilylawyers.com.au/what-is-a-consent-order/ Wed, 15 May 2024 15:42:30 +0000 https://staging.raw.com.au/?p=1145

Dealing with family law disputes can be challenging, and consent orders can be a helpful solution. But what is a consent order? 

This guide will give you the basics to move forward and address your legal matters effectively and confidently.

What is a Consent Order? 

A consent order is a legally binding agreement the court approves to formalise matters related to property settlements, parenting arrangements, or spousal maintenance following separation or divorce.

By agreeing to the terms and conditions of the order outside of litigation, parties can avoid lengthy court battles, reduce costs, and maintain greater control over the outcomes of their disputes.

A clear understanding of a consent order and how it fits into the process of resolving family law disputes can help reduce the stress and uncertainties associated with such proceedings.

AFL - consent order 1

The Legal Framework for Consent Orders

Understanding the legislative foundations governing consent orders and their role in family law dispute resolution processes:

1. Family Law Act 1975

Consent orders are governed by the Family Law Act 1975, granting courts the authority to make orders with the parties’ agreement regarding children, property, or spousal maintenance matters.

2. Court approval

Although the terms of a consent order are agreed upon by the parties involved, the order must be submitted to and approved by the court to become legally binding.

3. Legally binding

Once the court approves, consent orders have the same legal effect as court-imposed orders, meaning both parties must adhere to the agreed-upon terms or face potential legal consequences.

The Benefits of Consent Orders

Exploring the advantages of pursuing a consent order as opposed to engaging in potentially protracted litigation:

1. Cost savings

Consent orders can save parties substantial legal costs by avoiding court appearances and lengthy negotiations associated with litigation.

2. Time efficiency

As the parties agree upon the terms of the consent order, they can significantly reduce the time spent resolving their disputes compared to going through the court process.

3. Control over outcomes

Consenting parties can shape the terms of the agreement to suit their specific needs and circumstances, maintaining greater control over the outcome instead of relying on an imposed court decision.

4. Reduced conflict

Consent orders encourage cooperation and communication between parties, promoting a more amicable resolution and minimising conflict during the dispute resolution process.

AFL - consent order organised

Find out: Consent Orders Vs Binding Financial Agreements: Which is the Best for You?

The Process of Obtaining a Consent Order

An overview of the steps involved in drafting, negotiating, and lodging a consent order with the court:

Step 1: Negotiation and agreement

The parties must first negotiate and agree upon the terms of their consent order, often with the assistance of their respective legal representatives or through alternative dispute resolution methods such as mediation.

Step 2: Drafting the consent order

Once the terms have been agreed upon, consent orders must be drafted clearly and legally enforceable, typically by qualified legal practitioners.

Step 3: Lodging the consent order

Consent orders must be submitted to the court for approval and a signed Application for Consent Orders document. Parties should also include any supporting documents or evidence that may be relevant to their application.

Step 4: Court approval

Once lodged, the court will review the consent order to ensure the terms are just and equitable in property matters or the child’s best interests regarding parenting arrangements. If satisfied, the court will approve and legally bind the consent order.

When Consent Orders May Not Be Appropriate?

Recognising specific circumstances where consent orders may not be the best option for resolving disputes:

1. High levels of conflict

Consent orders rely on agreement and cooperation between the parties. In highly acrimonious disputes, where communication has broken down, reaching an agreement may be challenging or impossible.

2. Domestic violence or abuse

In situations where there has been domestic violence or abuse, consent orders may not adequately protect the victim, and court intervention may be necessary to ensure their safety.

3. History of non-compliance

If one party has a history of non-compliance with previous orders or agreements, consent orders may not provide sufficient enforcement mechanisms, and litigation may be more appropriate.

AFL-couple-sad (1)

Conclusion

Consent orders can be a powerful tool for resolving family law disputes more amicably and efficiently, while empowering the parties involved to take control of their outcomes.

By understanding the legal framework, recognising the benefits, and following best practices on the consent order application process, you can effectively navigate the family law dispute resolution process and protect your interests.

If you want advice with consent orders, Andrews Family Lawyers can help. 

Book a FREE Consultation

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]]> Best Practices When Applying for Full Custody of a Child (Parents Guide) https://andrewsfamilylawyers.com.au/applying-for-full-child-custody/ Tue, 30 Apr 2024 06:25:10 +0000 https://andrewsfamilylawyers.com.au/?p=3515

Child custody is one of the most critical factors in family law. Custody arrangements can incorporate one or both parents. The Court prefers both parents to have an equal say in a child’s life.

However, there are situations where it may be in the child’s best interest to provide one parent with all the duties of parental responsibility, known as full child custody. This brings us to applying for full custody of a child, which involves demonstrating that sole parental responsibility is the best option for the child’s welfare. 

Key takeaways

  1. The Family Court prefers parents maintain equal shared parental responsibility.

  2. Both parents will typically receive equal or substantial time with their children.

  3. Sole parental rights give one party complete control of a child’s life decisions.

  4. There are several reasons why the Court may grant sole parental responsibility;

    • Evidence of family violence or abuse;

    • Substance abuse or mental health issues;

    • Neglect or disinterest.

  5. Alternative dispute resolution is a crucial step in parenting arrangements. Before seeking parenting orders for sole custody, mediation can help create better opportunities for the children involved.

  6. If mediation fails, there’s a legal process for applying for sole parenting responsibility.

Equal Shared Parental Responsibility in the Family Law Act

The Family Law Act 1975 assumes that equal parental responsibility in parenting arrangements is in the child’s best interests. This principle states that both parents will have an equal say in major life decisions in the child’s life. This may include decisions about education, health and religious instruction. Equal parental responsibility doesn’t imply that each parent will have equal time with the child.

When crafting a parenting court order, the Family Court will opt for equal or substantial and significant time for each parent. Substantial time means that while the child may live with one parent, the other parent will spend time with them on:

  • Weekdays;

  • Weekends;

  • Holidays;

  • Events of special importance to the child, such as birthdays.

Photo of happy family

Sole parental responsibility

Sole parental responsibility gives one parent complete discretion to make decisions for a child. They can decide on education, health matters and religion. They may also determine the child’s living arrangements. Sole responsibility doesn’t necessarily mean the other parent has no visitation rights. Contact with both parents is still encouraged by the law.

Learn More: Discover The Child Custody Laws in Australia

Reasons for sole responsibility

Evidence of Family Violence or Abuse

Suppose there’s credible evidence that a parent’s involvement would risk the child’s safety, welfare, or psychological well-being due to abusive behaviour. In that case, the Court may decide that sole parental responsibility to the other parent is necessary.

Key considerations include:

  1. Physical, emotional, or sexual abuse and its impact on the child.

  2.  Credible evidence supporting the claims of abuse.

  3. Evaluating the potential future risk to the child.

  4. Depending on age and maturity, the child’s views may be considered.

  5. Overall parenting capacity, history of family violence, and any protective measures in place.

Substance Abuse or Mental Health Issues

Evidence of substance abuse or mental health issues can justify the Court granting sole parental responsibility. This is particularly true if these issues impact the parent’s ability to safely and effectively care for the child.

Key considerations include:

  1. How substance abuse or mental health issues affect the parent’s capacity to provide safe, stable, and nurturing care.

  2.  Assessment of any immediate or long-term risks to the child’s physical and emotional well-being.

  3. Whether the parent with issues is seeking treatment and how effectively the condition is being managed.

  4. The extent and duration of the issues and any documented evidence or professional assessments.

  5. The ability to meet the child’s needs includes emotional support, stability, and guidance.

Neglect or Disinterest

Suppose a parent demonstrates a lack of interest or neglects their parenting responsibilities. In that case, it may lead the Court to determine that sole parental responsibility to the other parent is in the child’s best interest.

Key considerations include:

  1. Neglect or disinterest that compromises the child’s safety, health, or emotional development.

  2. The child’s need for consistent care and a stable environment.

  3. The extent of each parent’s involvement in the child’s life and willingness to take on parenting responsibilities.

  4. Past behaviour and the level of commitment each parent shows towards parenting duties.

  5. How the parent’s disinterest or neglect has affected the child’s well-being and development.

non explicit child abuse (1)

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) involves several key components, especially when trying to avoid sole parental responsibility:

  1. Family Dispute Resolution (FDR)
    FDR involves a neutral third-party mediator helping parents negotiate parenting arrangements.

  2. Mediation Session
    The mediator facilitates structured discussions where parents can express their views and concerns.

  3. Communication Improvement
    ADR aims to improve communication between parents, which is crucial for effective co-parenting.

  4. Developing a Parenting Plan
    Parents work towards a mutually agreeable parenting plan detailing living arrangements, decision-making, and child-rearing aspects.

  5. Legal Advice
    While ADR is less formal than Court, obtaining legal advice can help parents understand their rights and options.

  6. Child Inclusive Practices
    Some ADR processes involve professionals specialising in understanding and articulating the child’s perspective.

  7. Follow-Up Sessions
    Some ADR processes may include follow-up sessions to adjust the parenting plan as needed.

Benefits

Seeking ADR methods in Australian family law offers several benefits. A family dispute resolution conference allows one to avoid the need for sole parental responsibility.

  1. Reduces Conflict
    ADR fosters cooperation, reducing conflict and stress for both parents and children.

  2. Child’s Best Interests
    Encourages decisions focused on the child’s best interests rather than adversarial court outcomes.

  3. Saves Time and Money
    Generally, it is faster and less expensive than court proceedings.

  4. Improves Communication
    It helps parents develop better communication skills for future co-parenting.

  5. More Control
    Parents have more control over outcomes, unlike court-imposed decisions.

  6. Confidentiality
    ADR processes are private, unlike court cases, which can become public record.

  7. Flexibility
    Solutions can be more creative and tailored to the family’s unique needs.

  8. Preserves Relationships
    It can help maintain amicable relationships, which is essential for effective co-parenting.

  9. Emotional Well-being. A less adversarial nature reduces emotional strain on all parties involved.

  10. Compliance
    Agreements reached mutually are more likely to be adhered to than court orders.

AFL - couple in law court

Applying for Sole Custody

  1. First, seek legal advice to understand your rights and the process.

  2.  Before Court, you must attempt FDR unless exemptions like family violence apply.

  3. If FDR fails or is exempt, you’ll receive a certificate to proceed with court action.

  4. Prepare and file an application with the Federal Circuit and Family Court of Australia.

  5. Include detailed reasons for seeking sole responsibility, focusing on the child’s best interests.

  6. Legally deliver court documents to the other parent, allowing them to respond.

  7. If immediate decisions are needed, apply for interim orders.

  8. The Court may order a family report by a consultant assessing the family situation.

  9. Present your court case with evidence supporting why sole responsibility is in the child’s best interest.

  10. Follow the Court’s final orders.

a woman talking to a lawyer for a full child custody

Conclusion

The Family Law Act 1975 emphasises equal shared parental responsibility. It values both parents’ involvement in major decisions in the child’s life. However, circumstances like abuse, substance abuse, mental health issues, neglect, or disinterest can lead to one parent applying for full custody of a child. This step involves seeking sole parental responsibility to prioritise the child’s safety and wellbeing.

Alternative dispute resolution offers a less adversarial approach, fostering cooperation and potentially avoiding the need for sole custody. Any court decision or agreement ultimately serves the child’s best interests. This ensures their stability and healthy development.

If you need assistance with child custody, Andrews Family Lawyers can help.

Book a FREE Consultation

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]]> Understanding Child Custody Laws in Australia (Ensure the Best for Your Child) https://andrewsfamilylawyers.com.au/child-custody-laws-in-australia/ Mon, 15 Apr 2024 15:00:07 +0000 https://staging.raw.com.au/?p=1150

Understanding child custody laws is crucial as the welfare of children and who has custody is one of the most significant decisions to be made.

When parents of a child under the age of 18 separate, they both retain responsibility for the child’s welfare and financial support, irrespective of their relationship status.

Child custody arrangements should be designed with the child’s best interests. If you and your child’s other parent cannot agree, the court will consider several factors when granting child custody and child support.

This article outlines what you need to know when deciding about child custody.

Child Custody Laws in Australia

Child custody law in Australia falls under the Family Law Act 1975. The Act clearly outlines that child custody considers the child’s best interests and that parents have responsibilities to their child, not rights.

As a parent, you must prioritise your child’s interests over your own. The Act is also gender-neutral, meaning there is no presumption about parenting roles.

Child custody is referred to by law as ‘parental responsibility’. The statutory presumption is that both parents will share equal responsibility in caring for the child.

This means both parents have a role in making decisions that impact the long-term situation for the child, such as where they will live, what school they attend, religious upbringing and major medical decisions.

Shared responsibility will look different in each family situation, and the time spent with each parent and the role each plays in the child’s life are very personal, individual decisions. The court may disregard the presumption of shared responsibility if it is not in the child’s best interests.

happy mother with her daughter

Considerations of the Court When Determining Child Custody

There are two main things the court considers when deciding who is awarded custody of a child:

  1. a child’s right to benefit from both of their parents having meaningful involvement in their life; and
  2. the need to protect the child from being exposed to harm, abuse or neglect.

This means if domestic violence or any form of abuse or neglect are present, the court is most concerned with protecting the child, and will therefore be unlikely to consider shared custody in the child’s best interests.

Once the main considerations are addressed, the court will consider a number of other factors to determine what is in the best interests of the child. These may include:

  • views expressed by the child;
  • the relationship the child has with each parent or guardian;
  • the willingness of each parent to encourage and help facilitate the child’s relationship with the other parent;
  • the parents’ ability to fulfil the child’s needs.

A court may determine it is in the child’s best interests to remove parental responsibility from one or both parents, and it may also assign parental responsibility to another legal guardian.

court hammer and books

Is it necessary to go to court to settle a child custody dispute?

No, if you and your ex partner can reach an agreement on who has custody of your child, what time will be spent with the child and any child support required, you do not have to go to court.

You can make a parenting agreement with the help of an experienced family lawyer, or you can obtain ‘consent orders’ for parenting orders which a court approves.

What if the other parent does not act in accordance with the court´s decision?

You may need to apply for one if you originally made arrangements outside of court. If you have a court order, our child custody lawyers can advise on whether you should take legal action or look at changing the order to satisfy the new needs.

Important: 3 Reasons Why You Should Hire a Family Lawyer

Applying For Full Custody of a Child in Australia

The law presumes parental responsibility should be shared equally unless it is found this is not in the child’s best interests, and there are some cases where full custody is granted to one parent or guardian.

In some cases, a parent may wish to get full custody of a child because they disagree with their ex partner or are unable to have an amicable relationship with them, and they are afraid they might lose custody altogether.

AFL-mother-taking-care-of-her-autistic-son-at-home

Firstly, it’s important to understand that this is rarely how parenting arrangements work unless extraordinarily unusual circumstances exist.

If the court hears your case, the court will consider each parent’s behaviour toward the child and each other, so unless there is violence, abuse or similar present, in most cases, both parents would be granted shared custody.

Secondly, shared custody does not equate to shared time spent with your child, so it is possible and quite common to have shared custody of a child who lives with one parent 100% of the time.

Does equal custody mean equal time?

Under Australian Law, ‘access’ to your child is referred to as to ‘spend time’ with your child.
Shared parental responsibility – ie. child custody – differs from equal time spent.

This means that while you may share the responsibility of child support 50/50, this doesn’t automatically mean you share the time spent with your child 50/50.

You and your child’s other parent will spend equal time with your child only if:

  • you both agree this works best for your child and each of you; or
  • the court finds that equal time is in the best interest of the child and is the best arrangement for your family.

In most cases it is best if both parents can discuss the needs and what is in the best interest of their child in terms of where the child will live and how they will spend time with each parent.

Detailed blog here: How to Apply For Full Child Custody in Australia?

Common Questions About Child Custody

Is child custody usually split 50/50?

Under Australian Family Law, every parent is responsible for their child’s wellbeing and financial support. This applies in all situations, regardless of whether the parents are married, in a relationship, separated, never in a relationship, or otherwise.

This allows each parent to decide about their child, together or individually. The Family Law Act 1975 presumes that custody, meaning responsibility for your child’s welfare and financial support, is split equally between both parents.

This means that you and your child’s other parent would share equal responsibility for and play a role in making decisions about your child’s life and future, such as where they will live, what school they will attend, or any religious observance.

This presumption only applies if this is in the child’s best interest. That means that if the court finds it is in the child’s best interest that one parent makes these decisions only, custody would likely not be split 50/50.

This usually occurs in circumstances where there is domestic violence, abuse, or neglect, and therefore the court will rule that the child’s welfare may be compromised.

child suffering from abuse by parents fighting at home

How are the financial costs distributed if one parent is given full custody?

As is outlined in our Guide to Child Support in Australia, regardless of who has custody of a child, both parents have a financial responsibility to support the wellbeing and future of their child. So when one parent is granted full custody, the other parent is still required to support their child financially.

There is no one-size-fits-all for how child support payments work, and they can be paid in several ways, including regular payments or one parent being responsible for certain costs such as school fees.

Regardless of whether you think you can agree on what your ex-partner will pay or you may need to go to court, you should seek legal advice from an experienced family lawyer to ensure you receive sufficient financial support for your child’s welfare.

Can an appeal be made if the determined arrangements are not working?

If you have made arrangements with your ex-partner outside of the court, you can change them through negotiation. It’s always advisable to seek legal advice even if you have an amicable relationship with your ex-partner, especially if you need mediation or assistance negotiating new arrangements.

If you have a court order, you must satisfy the court that there has been a significant change in circumstances. 

Related: What is Child Support in Australia?

A Child Custody Case Study

Rebuttal of presumption for shared parental responsibility

A recent Family Court case provided a rebuttal to the presumption of shared parental responsibility. It was a mother and father whose relationship had broken down so far that they could not reach joint decisions relating to major long-term issues in respect of their children.

The court found that it was not in the children’s best interests for the parents to share equal parental responsibility.

In this case, sole parental responsibility was given to the father, whom the children were to live with. The father was to notify the mother before making any major long-term decisions for the children, but his sole responsibility was to make them.

father and his small daughter having fun together at home

Conclusion

It’s important to keep in mind that child custody laws exist to serve the best interests of the child. When parents separate, they still share the responsibility for their children’s wellbeing and financial support, regardless of their marital or relationship status.

If parents can’t agree on custody arrangements, the courts can step in to make a decision based on various factors. The child’s safety and welfare are the top priority. For parents who can agree independently, legal avenues like consent orders can formalise the arrangement without going to court.

However, legal action may be necessary if disagreements persist or if the agreed terms are not followed.

If you need assistance with family law matters, Andrews Family Lawyers can help.

Book a FREE Consultation

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