One of the worst and most traumatizing aspect of any divorce is the question of child’s custody. It is said that when a family splits the biggest impact is faced by the children and custody battle is one of the most churning and emotive parts in any divorce conflict.
The decision to give any parent the custody of the child is extremely difficult however, under the legal verbiage, the sole aim of Australian law is to find the best possible outcome is the situation where the child, his future, his security and his wellbeing is secured the most.
If you are planning your steps for a proper custody battle with your spouse then knowing various Australian laws and litigations is extremely important before you file your case.
Why Do You Need Legal Expertise?
The help from expert Child custody lawyers Perth is undeniable in this context. These lawyers are known for their grasp over the laws and bylaws associated with custody conflicts. They are also extremely considerate yet firm during the situation as they understand the tenderness and mental trauma both parties going through.
Although both the court and your expert lawyers will try to find out the best case scenario during a custody battle, having a proper knowledge of the relevant Australian laws are so important. So here is a brief take on major child custody related principles and parenting laws. divorce lawyer Barrington IL
Some common parenting and custody related laws prevalent in Australia
- The paramountcy principle
The first and foremost consideration when it comes to parenting and custody laws is known as the paramountcy principle. According to this principle whenever a code makes some kind of custody related orders it should be in the best interest of the child to a paramount extent.
According to the section 60CC of the Family Loss Act, Of Australian constitution two categories of considerations must be taken into account when a court is making any decision related to custody of a child. Those two considerations have a sharp distinction and are termed as primary consideration and additional considerations.
Various aspects of primary consideration includes:
- If the child can be benefited from having a meaningful relation from both of his parents
- And on the other hand, the child needs to be protected from any kind of psychological or physical harm which can result from being exposed to, or by negligence of family members, or due to any kind of family violence
The primary consideration is taken as the most important standpoint for deciding the custody of her child. The biggest reason behind giving such importance to the primary considerations are physical abuse or mental torture that a child might have to face.
The various aspects of secondary consideration or additional considerations are jotted down in the 60CC (3) Act of Australian family law section. These include:
- Any views or any statement given by the child considering the understanding level of the child can be given weightage if the court thinks it is of any relevance
- The next consideration that is taken into account is the nature of relationship the child has with his parents and other family members like grandparents, uncle, aunt etc.
- Thirdly the extent of failure in making decisions for the child’s well-being by both parents are judged thoroughly. This includes parameters like:
- Failure of the parents in making major long term decisions and discussing long term issues in relationship with the child.
- Failure to spend legit amount of time with a child.
- Failure in proper communication with the child.
- Next the parental obligations are judged and it is assessed that to what extent each of the parents have failed or fulfilled their obligations to maintain the child’s wellbeing and safety.
- Next the future of the child and the likely effect of any kind of changes in the child’s living circumstances is being considered. These kind of changes are judged on the basis of separation of a child from either of his parents or from another child or from other close family members like grandparents or relatives and so on.
- The ability of either of the parents to take care of the child’s expenses while keeping the child’s wellbeing in mind.
- Here the capacity of each of the parents or any other persons to provide the child every kind of support is there. It includes emotional and intellectual needs as well.
- In some special cases like if the child is an aboriginal child, then a number of other parameters are needed to be considered which includes:
- The child’s right to enjoy his or her original culture with the people who share it.
- The likely impact of the custody order on that.
- The likely mental state and attitude of the child and the responsibilities that can be shouldered by each of the parents.
Apart from these major ones there are a number of other considerations as well which the court makes in custody battles.
What are some of the decisions made by the court with respect to parental responsibility?
When some reputed child support lawyers Perth about fights the custody battle for your child the various decisions which the court basically makes includes:
- The living arrangement of the child until it turns 18
- His education and school qualifications
- Religious inclinations
- Medical treatment and health safety
- Various specific cultural aspects
What Are Some Of The Common Options Suggested By The Court?
As mentioned already, the sole objective of the court is to ensure the paramount well-being of the child’s. Therefore, three most common considerations are given as options in the following order:
- The option of the children to spend equal time with both of their parents.
- For the child to have substantial and significant amount of time with each parent.
- Some other alternative arrangements.
What To Do When You Want To Change/Challenge The Parenting Order?
Although the court is obligated to make decisions best for the child’s well-being however, even the best of systems can be wronged. If you feel you are wrongly not given the custody you can always reapply to the court. For that hire divorce lawyers who have reputation, expertise and experience in handling such tender matters and can come out with flying colours. Select your law advisers and fight for your child’s best future.
