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Child custody law in Epping, Australia, commonly referred to as "parenting orders," is mainly governed by the Family Law Act of 1975. This Act primarily advocates for the best interests of the child to be given top priority in any decision-making. It encourages parents to agree on parenting arrangements without going to court and views children's rights as paramount, including the right to enjoy a relationship with both parents, and to be protected from harm.
While it is possible to resolve child custody issues without court intervention, sometimes disputes may escalate, requiring legal expertise. You may need a lawyer if you and your ex-spouse cannot reach an agreement, if there is a history of family violence or child abuse, or if you suspect that your ex-spouse intends to relocate your child without your consent. Additionally, a lawyer can guide you through the complex legal processes involved with custody disputes.
In Epping, Australia, the Family Law Act seeks to ensure children have the benefit of both parents' involvement in their lives at all levels suitable to the child's circumstances. Importantly, local law insists on the child's right to be protected from physical or psychological harm. This rule applies whether the parents are married, single, separated, or never married.
No, child support and visitation rights are considered separate issues under Australian law. A parent cannot stop the other from seeing their child if they fail to pay child support.
The Family Law Act does not provide a specific age. However, a court will give more weight to a child's opinion as they get older and more mature.
A parent cannot relocate a child to a considerable distance that can affect the child's relationship with the other parent, or the other parent's ability to spend time with the child without the other parent's consent or court order.
Several factors contribute, including the child's relationship with each parent, the child's wishes, each parent's propensity to provide for the child's needs, and any family violence history.
FDR is a form of mediation that provides a platform for couples to resolve any disputes related to their children. It is usually a requirement before court proceedings commence in child-related matters.
For further information, you can refer to resources from the Australian Government Attorney-General's Department, The Family Court of Australia, and Legal Aid services in New South Wales.
If you require legal assistance related to child custody, it's recommended that you consult with a family law attorney. They can provide advice tailored to your situation, guide you through the legal process, and help protect your rights and the best interests of your child.
