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In Australia, child custody issues are primarily governed by the 'Family Law Act 1975', regardless of marital status of the parents. This law applies across Australia, including Dandenong. The key principle of this law is the 'best interests of the child'. It means the child has a right to enjoy a meaningful relationship with both parents; be protected from any harm, and receive adequate and proper parenting to help them achieve their full potential.
Legal issues concerning child custody can be complex and emotionally charged. You may require a lawyer to navigate you through scenarios such as: when you and your partner cannot agree on custody matters, when a parent is violating custody arrangements, when you would like to change existing orders, or when you are dealing with international child custody issues. A lawyer will help protect your rights and ensure the best outcome for your child.
According to the 'Family Law Act 1975', there is a presumption that it's in the child's best interests for parents to have 'equal shared parental responsibility'. However, this presumption does not imply 'equal time', but requires parents to consult each other about major decisions impacting the child. The Court will consider an arrangement of 'equal' or 'substantial and significant' time if it's in the child's best interests and is reasonably practicable.
The 'best interests of the child' is the paramount consideration when making parenting orders. It comprises of primary considerations: protecting the child from harm and allowing the child to have a meaningful relationship with both parents; and additional considerations like the child's views, nature of parents’ relationship with the child, etc.
'Equal shared parental responsibility' means both parents share the duties, powers, responsibilities, and authority, in relation to decisions about their child’s welfare and development. It includes deciding on the child's education, religion, health, and place of living.
'Equal time' means the child spends equal time with both parents. 'Substantial and significant' time means the child spends time with the parent on regular days, on holidays and days of special significance, and for daily routine events.
Yes, a child's views are considered, but the weight given depends on their level of maturity and understanding. A child cannot decide on living arrangements independently until they are 18.
Yes, a custody agreement can be modified if there's a significant change in circumstances or if it's in the child's best interests.
The 'Australian Government Attorney-Generals Department' is a major resource for information related to family law and child custody issues. 'Family Relationship Advice Line' offers information and advice on family relationship issues and parenting arrangements after separation. 'Legal Aid Victoria' provides legal advice and assistance.
If you need legal assistance in child custody, consult a family lawyer who is knowledgeable about Australian family law. Bring all necessary documents for the lawyer to review. You may also want to prepare a list of questions or concerns before meeting with your lawyer.
