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Understanding Child Custody Rights

If you’ve recently been divorced or separated from your children, you might be wondering about your child’s rights to custody and other rights.

According to Australian family law the children are entitled to enjoy a close relationship with both their parents. Therefore, both parents are entitled to equal rights in child custody in the absence of evidence that the opposite is true.

The article below will explain the rights of children in 抚养权 and what you need to know should the issue of parenting arrangement goes to Court.

Do You Need to Attend Court To Resolve Child Custody Rights?

When discussing the rights of child custody in Australia It is crucial to understand that we do not employ the term “child custody” in Australia. It is a term used in the USA which you might be familiar with because of television’s influence. American television.

In Australia In Australia, we employ the term “parental responsibility”. This article will employ these terms to refer to them interchangeably.

Contrary to what many believe, you don’t need to appear in Court to decide your child’s custody rights. Naturally, it is somewhat difficult, especially given the emotions and stress during a separation or divorce to settle things peacefully with your spouse in a formal manner. However, it’s advised to do so as in the event that your issue was to be taken to Court and the outcome was uncertain and could lead to unfavorable agreements.

If you are unable to accept compromise, it is suggested that you attend mediation before going to Court.

What Are the Child’s Custody Rights Identified In Court

You may be asking yourself If you decide to go to Court what exactly would the child’s rights to custody be decided?

The legal basis for the Court making decisions on parenting matters is defined by the Family Law Act as equal parent responsibility.

The term “equal shared responsibility” is that the Court determines which parent the kid will have time and reside with, and who is responsible for making major decisions regarding the child. Each parent are considered equal, because this is assumed to serve the best interests of the child.

Many factors will determine the decision of the Court decides to deviate from the presumption of the same parental responsibility is shared equally legally referred to as being in the best interest of the child.

Factors that the Court considers when Deciding Custody Rights for Children Custody Rights

In accordance with The Section 60CC provisions of the Family Law Act, the Court will be able to consider the following aspects when deciding your child’s rights to custody and arrangements for child custody:

1. The advantages of a child having a positive relationship with both parents and

2. When there’s a reason to safeguard the child from physical or mental injury, violence in the family neglect, abuse or violence.

The two above factors are the most important issues to be considered by the Courts in concert.

Here’s a list additional factors to be considered. Based on the particulars of your situation these factors are considered more or less important:

The child’s opinions;
The relationship that a child has with both parents.
Special requirements of the child, and the capacity parents to meet the child’s needs;
The location where the child attends school, and the practicality of the place where every parent lives
The amount of involvement every parent has enjoyed during the last few years with their children
The attitudes of every parent toward their role in parenting and their role as parents;
If there is violence in the family in the area as well as a domestic violence court order is in effect;
The capacity of parents to foster a continuous connection with one another the benefit of their children or their child; and
The child’s traits include their maturity level and lifestyle, as well as their background.

What is an Independent Child’s Lawyer (ICL)?

Because your child is a minor, the family laws in Australia stipulate that children are not able to legally represent their interests in court.

In this way, an independent children’s lawyer is chosen as a representative of what they consider to be in the best interests of the child.

The job of an ICL includes:

In assuming an agent function between parents and children;
Facilitating discussions and negotiation between parents and children;
Organising and preparing testimony for Court and
Facilitating participation of children as they are able to participate in the proceedings as.

The importance of seeking legal advice

When it comes to the rights of child custody in Australia It is important to remember that each situation differs. Therefore, how the outcome of your dispute is largely dependent on the specific circumstances of your particular case.

To gain a better understanding of the potential of your situation Do not be afraid to get in touch with our knowledgeable family lawyers today.