Best Child Custody Lawyers in Adelaide

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Adelaide Family Law
Adelaide, Australia

Founded in 2000
5 people in their team
English
General AdviceIf you have a family law issue it is advisable to obtain legal advice before making a decision about what to do or before applying to the courts. A family lawyer can help you understand your legal rights and responsibilities and how the law applies to your case. In many cases a family...
Adelaide Family Lawyers
Adelaide, Australia

Founded in 2000
1 people in their team
English
Adelaide Family LawyersFinding a Family Lawyer to handle your family law matter can be a very trying process. We offer a $50 30 minute initial consult with one of our experienced Family Lawyers during which we will assess your matter and offer comprehensive advice.At Adelaide Family Lawyers we...
Swan Family Lawyers
Adelaide, Australia

Founded in 1997
10 people in their team
English
Family Lawyers in AdelaidePeople facing the pain of separation or divorce often experience a range of emotions... shock - anxiety - fear - anger.If that's a situation you're facing, Swan Family Lawyers is here for you. We're here to support families in Adelaide and across South Australia - we'll...
Stokes Legal
Adelaide, Australia

Founded in 1988
10 people in their team
English
About Stokes LegalFounded by David and Angela Stokes, Stokes Legal has been providing effective legal solutions, advice and court representation to the South Australian community since 1988.In July 2021, Stokes Legal was acquired by Andersons Solicitors, bringing together two trusted and recognised...
Beger & Co Lawyers.
Adelaide, Australia

Founded in 1997
25 people in their team
English
Experienced, skilled and caring legal adviceAdelaide Lawyers who are experienced, skilled and caring. Read our Reviews to find out why our clients recommend us to their friends and family. Call us for a free consultation to discuss your matter on a no obligation basis.Popular Legal...
Weatherly & Associates
Adelaide, Australia

Founded in 2012
10 people in their team
English
About usWeatherly & Associates is a boutique law firm specialising in the areas of Family Law, Criminal Law and Corporate & Commercial Law. We provide legal advice to a broad range of clients including individuals, small to medium businesses, charities and not-for-profit organisations. We...
DW Fox Tucker Lawyers
Adelaide, Australia

Founded in 2014
200 people in their team
English
OverviewDW Fox Tucker is a leading independent South Australian commercial law firm. We were established on 1 October 2014 when the former partners of Donaldson Walsh joined with those of Fox Tucker to create an entirely new firm offering a broad, comprehensive range of general commercial services...
Armour & Allen
Adelaide, Australia

Founded in 1978
10 people in their team
English
Overview Armour Allen Lawyers, based in Adelaide CBD, was first established in the early 1980’s. Since then our practice has developed a reputation for delivering reliable advice and practical solutions anytime, anywhere to clients throughout South Australia. Our lawyers have breadth and...
Afortiori Barristers & Solicitors
Adelaide, Australia

Founded in 2000
4 people in their team
English
About the FirmExperienced ExcellenceAfortiori Barristers & Solicitors has been serving the Port Adelaide & Metropolitan areas with measurable success. We pride ourselves on a deep tradition of excellence, ensuring only the highest quality service. We understand the challenges and...
SA Family Law
Adelaide, Australia

Founded in 2004
1 people in their team
English
Jackie AylwardPrincipal at SA Family LawI am the principal of SA Family Law and have specialised in family law for over 18 years both in the UK and in Australia.I combine my knowledge of the law with my experience of negotiation to resolve matters efficiently and in as cost effective a manner as...
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About Child Custody Law in Adelaide, Australia

Child custody law in Adelaide, Australia, is governed by both federal and local laws, primarily under the Family Law Act 1975. The emphasis in child custody cases, also known as 'parenting orders', is on the best interests of the child. This means that decisions are made to ensure children have meaningful relationships with both parents, provided it is safe, and that their welfare is protected. The law is designed to encourage parents to work together to reach agreements, but when that is not possible, the court intervenes.

Why You May Need a Lawyer

There are many scenarios where seeking legal advice on child custody is beneficial. When parents separate, they may not agree on the arrangements for the children, and a lawyer can help mediate or represent your interests. Legal assistance is also crucial if there are concerns about the safety of the child with one parent, if one parent is threatening to take the child away without consent, or if there's a need to formalize custody arrangements through a court order. Additionally, grandparents or relatives seeking custody or contact may also need legal advice.

Local Laws Overview

In Adelaide, the Family Law Act 1975 is the principal legislation for child custody matters. Key aspects include parental responsibility, which refers to all the duties, powers, responsibilities, and authority which, by law, parents have concerning their children. The term 'shared parental responsibility' is commonly applied, emphasizing that both parents are responsible for making long-term decisions about the children. Local laws also reinforce the child's right to maintain a relationship with both parents, provided it is in the child's best interest and does not risk their safety or wellbeing. Additionally, the Adelaide Family Court has specific procedures for resolving parenting disputes through mediation and conciliation.

Frequently Asked Questions

What is the difference between custody and parental responsibility?

The term "custody" is not commonly used under Australian family law. Instead, "parental responsibility" refers to the significant decisions regarding the child's upbringing, while "living arrangements" refer to with whom the child lives.

How is 'the best interests of the child' determined?

The court considers a variety of factors, including the child's views, relationships with each parent, the ability of each parent to provide for the child's needs, and any history of family violence.

Can children decide which parent they want to live with?

While the court considers the views of children, their age and maturity affect how much weight is given to their preferences.

What happens if one parent wants to relocate with the child?

Relocation is a complex issue that requires the consent of both parents or a court order. The best interests of the child remain the focal point in such scenarios.

What if my ex-partner is not following the custody arrangements?

Breaches of court orders can be addressed legally. Initially, dispute resolution may be advised, followed by enforcement orders through the court if necessary.

How are grandparents' rights regarded in child custody matters?

Grandparents have no automatic right to contact but can apply to the court for orders spending time with their grandchildren under certain circumstances.

What is the role of family dispute resolution (FDR)?

FDR is a mediation process aimed at helping parents reach agreements. It's a prerequisite for court applications unless exempted under specific circumstances, such as family violence.

Do I need a lawyer to change existing custody arrangements?

While not legally necessary, a lawyer can provide guidance on formalizing changes, especially when disputes arise.

Can I represent myself in a Family Court concerning child custody?

Yes, but it is advisable to seek legal advice due to the complexity of the legal system, particularly if the other parent has legal representation.

How long do child custody proceedings typically take?

Timelines vary depending on the case's complexity and whether matters must proceed to court, but prompt resolution is encouraged to minimize impact on the children.

Additional Resources

For more information and support, you may consider these resources:

  • Legal Services Commission of SA: Offering free legal advice and assistance.
  • Family Court of Australia: Provides extensive resources and forms for parenting orders.
  • Relationships Australia South Australia: Offers family dispute resolution services.
  • The Australian Government's Family Relationships Online portal.

Next Steps

If you require legal assistance in child custody matters, consider the following steps:

  • Contact a family lawyer in Adelaide to discuss your situation and understand your legal options.
  • Engage a lawyer experienced in child custody cases to aid negotiations or represent you in court.
  • Participate in mediation services to attempt reaching an agreement outside of court.
  • If necessary, prepare your case documents with your lawyer's guidance for submission to the Family Court.
  • Stay informed and actively involved in each stage of the legal process to ensure your child’s best interests are served.
Lawzana helps you find the best lawyers and law firms in Adelaide through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Child Custody, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Adelaide, Australia - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.