Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Kingston, Australia, child custody is primarily governed by the Family Law Act 1975. This law holds the best interests of the child as the paramount concern when determining custody arrangements. The law prefers shared parenting if it's in the child's best interests, considering aspects like the child's health, age, personal wishes, and current living arrangements.
You may need legal assistance in various circumstances related to child custody. These include disagreements during a divorce or separation regarding the care or living arrangements for your children, modifications to existing custody arrangements, enforcing custody orders, cases involving international custody disputes, or if there are allegations of child abuse, neglect, or domestic violence.
Locally, the law prescribes that both parents are responsible for making decisions concerning their child's welfare. However, the court can order sole parental responsibility to one parent depending on the circumstances. The court also considers practical aspects when deciding about the child's residence, such as the child's school location or parents' job demands. Relocation of a primary caregiver is also possible, but the court requires convincing that the move will significantly benefit the child.
While the child's preference is considered, it is not the sole determining factor. The court considers the child's age, maturity, and the benefits that each parent can offer.
Several factors contribute to determining the child's best interest. These include emotional and physical safety, the ability of parents to provide for the child, the impact of any change, and the views of the child.
Yes, a custody order can be modified if there's a significant change in circumstances. This modification request should be in the best interest of the child.
If a court order is breached, it's recommended to seek legal advice. Additionally, you can apply to the court for enforcement of the order.
Under the Family Law Act, grandparents and other relatives can apply for custody, but the court will still prioritize the child's well-being when making its decision.
You could seek help from various resources such as the Family Court of Australia, Legal Aid services, Community Legal Centres, and Family Relationship Centres. These bodies can provide valuable information, assistance, and support.
If you need legal assistance regarding child custody, your first step should be to consult with a lawyer specializing in Family Law. Ensure you take all relevant documents and information to this meeting to understand your legal rights and options. You may also contact government-appointed bodies to understand the process and available aids.
