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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 law, also known as child access law, in Canberra, Australia is centered on the primary principle of the best interests of the child. This principle is supported by the Family Law Act 1975. This law governs how parents or other family members gain access to a child following a separation or divorce. The primary goal is to ensure that the child retains as much contact as possible with both parents, provided that this is beneficial to the child's welfare and safety.
Engaging a lawyer often becomes necessary in challenging visitation circumstances, such as when there is a dispute about what constitutes the child's best interests, when there are allegations of domestic violence or child abuse, or when one parent is opposed to the other parent having access to the child. In addition, a lawyer can guide you through the complexity of the Family Law Act, advise of your legal rights and responsibilities, represent you in court proceedings, and help you in negotiating child visitation arrangements.
The key aspects of local laws relevant to child visitation in Canberra, Australia include the Family Law Act 1975 which governs family law matters in the entire country. The Act purports that children have a right to enjoy a meaningful relationship with both parents, and to be protected from physical or psychological harm. The parenting orders determined by the Family Court can include wherein the child lives, the time the child spends with each parent, the allocation of parental responsibility, and the communication the child has with a parent.
Child visitation in Canberra is typically determined by an agreement between the parties involved or a court order. The court assesses all relevant considerations, centering on the child's best interests.
The child's views are considered in visitation cases, but these views are just one of many factors the court will consider. The weight given to a child's views depends upon the age, maturity, and understanding of the child.
Visitation can be denied if it is believed that it's in the best interest of the child, such as in cases involving domestic violence, substance abuse, or any form of danger to the child's wellbeing.
If the other parent refuses to comply with visitation orders, you can apply for a contravention order in court. A lawyer can guide you through this process.
Yes, child visitation orders can be modified by a subsequent court order. You need to demonstrate that there’s been a considerable change in circumstances since the order was made for it to be changed.
The Australian Government’s Family Relationships Online website offers free resources including a Parenting Plan guide, while the Family Law Court website has various fact sheets on child-related orders. Community legal centres and Legal Aid in ACT also offer free advice on family law matters.
If you need legal assistance in child visitation, the first step is to approach a lawyer who specializes in family law. They can guide you through the complexities of family law matters, help you understand your rights, and advise you on your best course of action. The lawyer can also help with negotiations or represent you in court proceedings, if necessary.
