Best Child Custody Lawyers in Box Hill

About Child Custody Law in Box Hill, Australia

In Box Hill, Australia, child custody laws are aimed at ensuring the wellbeing and overall best interests of the child and, like the rest of the country, are governed by the Family Law Act. The law seeks to ensure that children maintain a strong relationship with both parents after separation or divorce, unless it's not in the child's best interest such as in cases of violence or abuse. The principle of shared parental responsibility, rather than equal time, is key.

Why You May Need a Lawyer

Engaging a lawyer can be crucial in instances where parents are unable to agree on arrangements for their children following a separation or divorce. Legal professionals can provide essential advice on rights, responsibilities and the best course of action. They can represent you in court, mediations, or negotiations with the other parent about the child's living arrangements, educational decisions and other major long-term issues.

Local Laws Overview

The key aspects of local child custody laws revolve around the notion of doing what's best for the child. Courts consider the child's views, relationship with each parent, willingness of each parent to facilitate a relationship with the other parent, any incidents of child abuse or family violence, and the impact of any changes to the child's circumstances. The law, however, doesn't prescribe any specific formula for determining how a child's time is divided between parents.

Frequently Asked Questions

What does 'best interests of the child' entail?

This phrase refers to considerations such as the child's safety, emotional wellbeing, the ability of each parent to provide for the child's needs, continuity in the child's life and the impact of separation from either parent.

Does the child have a say in custody decisions?

A child's views are taken into consideration, especially for older children, but the court does not have to follow the child's wishes. The weight given to a child's preferences can vary depending on their maturity and understanding.

Can custody decisions be modified?

Yes. Generally, a court can vary or set aside the orders if it believes this will be in the best interest of the child. Circumstances such as a change in the parent's work hours, relocation or significant changes in the child's needs might be significant enough for the changes to be considered.

What if one parent doesn’t comply with the custody orders?

If one parent fails to comply with a custody order, the other parent can apply to the court for enforcement of the order. Serious penalties can be applied for breach of these orders, including fines and imprisonment.

What is shared parental responsibility?

Shared parental responsibility means that both parents share the decision-making regarding long-term issues about the child's care, welfare and development. Unless the court orders otherwise, parents are assumed to have this shared responsibility.

Additional Resources

The Family Court of Australia and the Federal Circuit Court of Australia websites have plenty of useful information about child custody and the law. The Australian Government's Family Relationship Advice Line is another helpful resource offering information and advice about family relationship issues and the law.

Next Steps

If you need legal assistance with a child custody matter, you should consider engaging a lawyer who specializes in Family Law. Contact the Law Institute of Victoria for referrals to accredited specialists in this area. You can then arrange for an initial consultation to discuss your situation and explore the best ways to proceed.