How Can a Child Custody Lawyer Help with the Child Custody Process?
Dealing with child custody matters is never easy—it can be emotionally taxing and legally complex. As a parent, your main concern is making sure that the custody arrangements are in your child's best interests and that things go smoothly and drama-free. Whether you're searching for a child custody lawyer or looking for legal guidance from a family solicitor, this guide will help you know the steps involved and what to expect.
Understanding Custody Arrangements in Australia In Australia, child custody, or "parenting arrangements," is a vital element of family law. The law encourages both parents to be actively involved in their child's life, and custody can be divided into two main types: ● ●
Sole Custody: One of the parents is responsible for the child’s care, while the other parent may have visitation rights. Shared Custody: Both parents share the responsibility of raising the child, either in decision-making or in the time spent with the child.
Just like you would work with a commercial lease solicitor for commercial leases, it’s important to work with a family lawyer to ensure that these arrangements are legally recognised and in
line with Australian family law. And apart from all that, a lawyer will help the process go as smoothly as possible, explaining each step of the way, and supporting you all the while.
The Best Interests of the Child and Equally Shared Parental Responsibility Australian courts always prioritise the best interests of the child when deciding on custody matters. This includes ensuring the child’s safety and emotional well-being and keeping healthy relationships with both parents, provided it's in the child’s best interest. Courts also stress equal shared parental responsibility, meaning both parents should be involved in key decisions regarding the child's life, such as their education and healthcare, even if one parent has primary custody. You can search for the term “family solicitors near me” to get tailored legal advice from your local area.
What Happens When Parents Agree on Custody Arrangements? If both parents can agree on custody terms, you can take a more straightforward legal route. Family lawyers help you in the process, just like a commercial solicitor assists you in business-related processes. Here are two common options: 1. Parenting Plan: A written agreement outlining custody arrangements. While not legally binding, it can be a useful reference in case of future disputes. 2. Consent Order: A court-approved, legally binding agreement that covers various issues, from living arrangements to how disputes are to be resolved. Your family law solicitor will ensure that your agreements are not only fair but also legally sound.
What Happens When Both Parents Do Not Agree on Custody Arrangements? If you and the other parent can't agree on custody arrangements, you can apply to the court to decide for you. However, before doing so, there are a few steps you must take, including: ● ● ●
Reading the Marriage, Families, and Separation brochure. Attending a Family Dispute Resolution Conference. Providing the other parent with a notice of claim, if necessary.
It’s at this point, that you can hire a child custody lawyer.
Key Steps Before Filing for Parenting Orders
1. Family Dispute Resolution Certificate: Corporate law firms, For example help with dispute resolution in commercial matters. And under family law, you must obtain a certificate from a registered family dispute resolution practitioner before filing a court submission. The process: ○ Encourages full disclosure of all relevant information. ○ Aims to help both parties reach realistic, fair agreements early on. ○ Seeks to resolve cases quickly without needing to go to court. 2. Exceptions to Dispute Resolution: You may not need to attend the Family Dispute Resolution Conference if your case involves: ○ Urgency. ○ Allegations of child abuse or family violence. ○ One parent refused to negotiate.
What Happens Next and How Can a Child Custody Lawyer or Family Law Solicitor Help? Once you’ve issued a notice of claim, here are the potential outcomes: ● ●
Agreement Reached: If the other parent accepts your proposal, you can formalise it as a Consent Order. No Agreement: If no agreement is reached, the court will decide on parenting orders. These orders outline where the child will live, who they’ll spend time with, and how major decisions will be made.
Just like in any other dispute, the support of a family law solicitor is invaluable during this process. They can help ensure that your rights and your child’s best interests are protected.
FAQS ● What if My Child Refuses to See Their Other Parent? If a parenting order is in place, both parents must follow the court’s directive. However, if a child refuses, the court will consider the reasons behind this. In these sensitive matters, it’s important to consult a family law solicitor to help you handle it.
● How Long Does a Parenting Order Last? A parenting order typically remains in effect until the child turns 18 unless it is modified by the court due to significant changes in circumstances, such as a parent's relocation.
The Conclusion
Working out child custody issues is a complex and emotional process, but with the right legal help, you can get the best outcome for your child. Having the right legal team is key to making informed decisions that protect your child’s well-being. If you’re also running a business and need legal help on the commercial side, remember that commercial solicitors from corporate law firms can also guide you through matters like leases and contracts. Search for “business lawyers near me” or “family lawyers near me” to find the best local legal help to help you get the best outcome.
Contact Us: Name: Sydun & Co. Solicitors Address: Level 6, 162, Goulburn Street, Surry Hills, NSW, 2010, Australia
Phone No: (02) 9283 2355 Website: https://www.sydunco.com.au/
