Divorce is often nasty. But it is worse for children that will be separated from one parent, depending on who gets custody. This is where child custody lawyers Brisbane law firms have can help ensure that the children’s best interests are served.
What are the rules of child custody in Australia?
Although a family court order lawyer has all the answers you need, understanding the law will prepare you for any eventuality. This will also provide you with information about your rights as a parent.
The Family Law was amended in 2006 where the term “custody” is no longer used in the law. This was replaced with “spends time with” or “lives with.”
Child custody in Australia is in line with the United Nations Convention on the Rights of the Child. The updated law specifies that:
- It is the children’s rights to be protected from harm and to have a meaningful relationship with their parents.
- The parents should have equal joint custody, duties, responsibilities, and powers, in principle.
- A child must spend equal time with each parent unless the court deems this to be not in their interests or not practicable. The weekend and weekdays they spend with each parent are counted separately.
Despite the changes in the Family Law, the number of fathers who are not granted shared parenting increased from 3% to 15%. The figure is believed to climb as time goes by.
On the other side of the spectrum, an evaluation report showed that more women have difficulty raising allegations of violence in the Family Court. Relocating with the children following a divorce is not that easy either.
So, if it is still possible to use family lawyers & mediation services, parents should take advantage of these rather than put their children through an ordeal.
Because even when there are free lawyers for divorce, dealing with the aftermath can be costly in more ways than one.
A bit of positivity, however, is the fact that family law is taking a turn in the right direction. Rather than fight over single parenting, resulting in child custody lawyers Brisbane firms have to dig dirt on either parent, the playing field has been levelled to a certain extent. This is especially true for shared parenting. Visit at BTLawyers
New Ways to Get Joint Custody
- Parents’ behaviour will be under scrutiny and anyone who fails to behave well in every aspect of life could face major challenges.
- They must respect each other and be willing to cooperate.
- The interest of the children takes precedence over their emotions.
In some cases, parents may be required to follow a post-separation parenting course to ensure they are fit and capable to carry out their responsibilities in the joint custody.
In the event that the time shared with children is not split 50/50, the court will allocate ‘substantial and significant’ time. Still, the responsibility of the parents to their children must be shared 50/50.
This may seem unfair to the parent who doesn’t get to spend as much time with the children, but it is up to the court. Of course, with the help of the best child custody lawyers Brisbane law firms have, equal shared time could be guaranteed.