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Do You Have To Go To Court For Child Custody Rights?

If you’ve recently been separated or divorced with children, you could be wondering about your child’s 抚养权 rights.

According to Australian family law 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 of the contrary.

The article below will explain the rights of children in custody and what you should know in the event that the dispute over parenting arrangements goes to Court.

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

Before we discuss child custody rights in Australia It is crucial to understand that we do not employ the word ‘child custody’ in Australia. It is a term used in the USA which you might be familiar with because of its influence on American television.

In Australia We use the term “parental responsibility”. This article will employ these terms in a similar way.

Contrary to what some think, you don’t need to appear in Court to decide your child’s custody rights. Naturally, it is quite difficult at times, due to the emotions and stress during a separation or divorce to settle things peacefully with your spouse without formality. However, it’s advised to do so as in the event that your issue was to go to Court and the outcome was uncertain and may cause unfavorable arrangements.

If you are unable to accept compromise, it is suggested to try an informal mediation session prior to going to Court.

What Are the Child’s Custody Rights Identified In Court

You may be asking yourself what if you had 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 referred to by the Family Law Act as equal parent responsibility.

A shared parenting responsibility refers to that the Court determines which parent the kid will have time and reside with, and who has the most influence over the child. The parents of both are considered equal, since this is believed as being in the best interest of the child.

Many factors will determine how the Court decides to deviate from the assumption that equal parental responsibility is applicable legally referred to as being in the best interest of the child.

Factors that the Court considers when Deciding the Child’s Custody Rights

As per section 60CC in 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 benefits of a child developing a strong bond with both parents as well as

2. There is an urgent need for protection of the child from psychological or physical danger, violence from the family neglect, abuse or violence.

The two above factors are the most significant aspects to be considered by the Courts together.

Here’s a list of other elements that are taken into consideration. Based on the particulars of your situation the following 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 for each parent meet the needs of those children;
The location where the child attends school, and the practicality of the place where every parent lives
The amount of involvement the parents have had to their kid in the previous
The attitudes of every parent toward their parenting role;
If there is a family violence that is involved, and a violence court order is in effect;
The capacity of parents to foster a continuous connection with one another the benefit of their children or children and
The characteristics of the child, including their maturity level life style, environment, and background.

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

As your child is minor, the family laws in Australia define that children can’t legally represent their rights in court.

In this way, an independent children’s lawyer is chosen as a representative of what they think is in the best interest of the child.

The function of an ICL is:

Assuming an agent’s position between parents and their children;
Facilitating discussions and negotiations between the children and parents;
Making and organising documents for Court and
Involving the children to participate in the proceedings so in the manner that is appropriate.

It is crucial to seek legal advice

When it comes to discussing the rights of children in Australia it is crucial to remember that each situation differs. So, the way the outcome of your dispute will depend in large part on the specific circumstances of your particular case.

To understand the potential of your case Do not be afraid to get in touch with our family lawyers who are experienced today.