Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
The Child Custody Law in Pakenham Upper is a part of the Family Law of Australia and it primarily focuses on the rights and responsibilities of parents towards their children after separation or divorce. The law emphasizes the best interests of the child, aiming for them to have a continued relationship with both parents, unless it involves risk of abuse or harm. The law does not favor either parent and looks towards the child's well-being, needs, and lifestyle.
While navigating child custody proceedings, the rules can be complex and emotionally draining. You might need a lawyer in scenarios where the other parent refuses to allow a share of custody, there's a need for modification of existing orders due to change in circumstances, if the child is at risk of physical or emotional harm, or if there is a need to move inter-state or overseas. A lawyer can professionally assist you in understanding your rights and obligations under the law, and guide you through the entire process.
In Pakenham Upper, like the rest of Australia, the best interest of the child is the primary consideration when making parenting orders. This includes ensuring the child's safety and providing for the child's physical and psychological well-being. Courts prefer that parents reach an agreement through family dispute resolution before approaching court. In some cases, the court may even appoint an independent children's lawyer to represent the child’s interests.
This principle encompasses the child's safety, their relationship with each parent, the importance of both parents having a meaningful involvement in their lives, the level of each parent's participation in decision-making about the child and more.
Yes, the Family Law considers the rights of other important people in a child's life, such as grandparents or other relatives. Their ability to get custody or visitation rights will depend on various factors including the best interests of the child.
Custody is typically determined through agreement between parties or by court orders, depending on what is in the best interest of the child. The court will consider all the information provided by both parties, including evidence and witness testimonies.
While the child’s wishes are considered, they do not necessarily determine the outcome. The court gives more weight to a child's opinion as they get older and mature, but the ultimate decision is based on the child's best interests.
No, the law does not favor either parent over the other. Rather, the decisions are made based on the child's best interests.
You may find helpful resources in the Australia Legal Aid Commission, Family Dispute Resolution services, Family Court of Australia publications and websites, and Community Legal Centres for general advice and support.
If you feel the need for legal assistance, the first step is to consult with a lawyer who specializes in family law. They can guide you about your legal position and help you prepare for any forthcoming negotiations or court proceedings. Preparation of relevant documents, making a parenting plan and understanding the child’s welfare are the crucial parts of the initial preparation.
