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Browse our 1 legal question about Child Visitation in Australia and the lawyer answers, or ask your own questions for free.
Child visitation laws in Burnie, Australia are regulated by the Family Law Act of 1975, with the main concern centering on the best interests of the child. The law encourages both parents to have meaningful involvement in their children's lives after separation or divorce, ensuring that the child has a chance to spend quality time and communicate with both parents regularly, unless there are exceptional circumstances which might jeopardize their wellbeing.
You may require legal assistance in cases where both parents can't agree on visitation schedules, there is evidence of violence or abuse, where the child's safety might be in danger, or significant changes to the current agreement need to be made. A lawyer can help ensure your rights and interests are preserved, whilst also prioritizing the wellbeing of the child.
In Burnie, the Family Law Act provides that children have the right to know and be cared for both of their parents. The Act also maintains a child’s right to spend time and communicate with any person significant to their care, welfare and development such as grandparents and other relatives. Parents need to agree on a Parenting Plan, which specifies both the living arrangements and the frequency of visits. If parents can't agree, it may be necessary to apply for a court order to decide these issues.
Courts will take into consideration various factors including the child's relationship with each parent, their emotional and physical needs, the likely effect of changed circumstances, and the practical difficulty and expense of spending time with and communicating with each other, among others.
The courts will generally respect the wishes of older children provided adequate reasons are provided. However, the main consideration still remains the child's best interests.
If someone breaches a Parenting Plan or Order, you may wish to apply to court for penalties, which may include compensation for lost time with the child, or even varying the order.
Yes, under the Family Law Act, grandparents can apply to the court for orders to see or communicate with their grandchildren.
Yes, if there is a significant change in circumstances or if it is in the best interest of the child, modifications to the visitation agreement can be made through the court.
There are several resources that can provide additional assistance, including the Australian Government's Attorney General's Department, Legal Aid Tasmania, Family Relationship Centres and the Family Court of Australia.
If you need legal assistance related to child visitation disputes in Burnie, your first course of action should be to consult an experienced family lawyer. They can help guide you through the legal process, advising you and making sure your rights and the best interests of your child are upheld.
