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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.
The Child Visitation Law in Preston, Australia, as in all parts of the country, is largely governed by the Family Law Act of 1975. The law emphasizes the best interests of the child as the paramount consideration. Visitation, also known as "spend time with" arrangements, are typically agreed upon by parents but may be decided by a court if agreement cannot be reached. The specifics of what that entails can vary, but the important thing is maintaining a meaningful relationship with both parents, where it is safe and in the best interest of the child.
While it's possible to arrange child visitation without lawyers, complexities often arise that require legal expertise. You may need a lawyer in situations of dispute where parents can't agree on the arrangements, if the child’s or your safety is a concern, or if the other parent isn’t complying with an agreed upon visitation schedule. Lawyers can help in drafting parenting plans or orders and ensuring that your rights and those of your child are protected.
Preston follows Victoria's state laws pertaining to child visitation. Parties are encouraged to negotiate their own child custody and visitation agreements through family dispute resolution. If they cannot agree, a case may be referred to the Family Court or Federal Circuit Court. The Courts apply a presumption that it’s in the best interests of the child to have equal shared parental responsibility. This does not mean equal time sharing, but rather equal involvement in long-term decisions about the child.
In the absence of a Court Order stating otherwise, it is illegal for one parent to refuse the other parent access. A parent cannot refuse visitation rights unless there are serious concerns for the child’s wellbeing in the presence of the other parent.
If one parent continually breaches a visitation order, the other parent can apply to the court for an enforcement order. Non-compliance with a court order can have serious consequences.
Yes, either parent can request a change to the visitation schedule. If both parents agree on the change, it can be added to the current parenting plan or an entirely new plan can be made.
There’s no set age. The court considers a child’s opinion but does not give it the overriding importance. The weightage accorded to a child's wishes is often dependent on the child’s age, maturity and understanding of the situation.
Grandparents can apply to the court for orders to see their grandchild. The court considers the nature of the relationship between the grandparent and child, and the potential effect on the child of any changes to that relationship.
Several useful resources include the Family Law Courts website, Legal Aid Victoria, and Relationships Australia Victoria (RAV). These organizations offer helpful information, support and services related to child visitation matters.
If you need legal assistance, you should first consult with a lawyer who specializes in family law. It may also be beneficial to explore mediation services through organizations like RAV. If concerns arise about the immediate safety of the child, contact the Child Protection services or the police.
