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How Does A Court Decide Who Gets The Child Custody?

Undoubtedly the most traumatic and overwhelming aspect of separation is fighting for child custody. Splitting the roles, responsibilities, and care for your child can often be difficult to process. You would want to know everything about child custody:

  • Who will get custody?
  • Will my child stay with me? 
  • How will they be supported? 
  • Can they be relocated to another country? 

The Australian Family Court aims to look for the best possible outcome that is beneficial and least disruptive to the child. Besides, understanding how child custody and related law codes work out will help you win the case. Experienced family lawyers in Eastern Suburbs Melbourne can guide you throughout the child custody process and ensure the case is under your support.

In this article, you will understand how the family court determines who will get the child custody and how they can spend time with each parent.

How does Family Court Decide Child Custody?

For child custody, you and your former spouse need to make amends and decide on the terms of separation by either consent order or court order. One can issue consent orders once both the mutual parties agree on keeping the child’s custody together and submit the agreement to the family court. In case you both are unsuccessful in coming up with an agreement, the family will intervene and make the best decisions. In such cases, you need to issue a court order.

In both cases, you will need to engage with a trusted family law firm in Melbourne that can use its expertise to help you secure your rights as a parent.

Based On The Best Interest of the Child

The child custody decision taken by the court is supported by The Family Law Act 1975. This law governs child custody situations in Australia, ensuring the child’s best interests are considered and protected.

The Family Law Act 1975 also considers:

  • Child’s meaningful relationship with both the parents
  • Child’s complete protection against physical or psychological harm (abuse, negligence, or family violence)

Apart from the child’s best interest, the family court will always consider and prioritise their safety.

Other factors that can determine the child’s custody include:

  • Child’s best interest
  • Child’s relationship with their parents and grandparents
  • Participation of each parent in their parenting role 
  • Whether the parent has fulfilled their duty with taking care of the child (physically, financially or otherwise)
  • Parents behaviour
  • The maturity, sex, lifestyle, culture, and traditions of the child and the parents
  • Family violence and/or a family violence order

Based On Parenting Orders

In case you and your former spouse cannot reach an agreement, you can choose to apply for parenting orders. Issued by the family court, parenting orders include details about parenting arrangements for a child. 

A parenting order deals with the following:

  • with whom the child will live with
  • how much time the child will spend with each parent or other individuals
  • who will take the parental responsibility
  • how the child will communicate with other parents or people
  • any aspect of the welfare, care, or the child’s development 

Can My Child be Relocated to Another Country?

  • If there is an order that states the child is to spend time with both the parents, they cannot be relocated. In case both the former partners are unsuccessful in coming up with an agreement, an application to the court must be made for orders allowing overseas travel. Again, the court will consider the best interests of the child/children.

If you need sound family law advice in Melbourne, get in touch with JK Lawyers. Their professional and experienced solicitors in Eastern Suburbs Melbourne will guide you throughout the child custody process and help secure your rights as a parent.

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by Sushree Swagatika

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