A Quick Guide to Child Custody in Australia

 

In Australia, child custody is determined by the court. During this process, the court’s priority is the best interests of the child, and this framework is what helps determine who should be the primary caregiver or if the child should spend equal time with each parent, along with other important responsibilities. During this process, it is important to have the best family lawyers representing your case in order to have a fair determination. Here’s some insight into this issue from Umbrella Family Law, a leading family law firm in Melbourne.


 


 

 

What Does the Court Consider?

 

As a leading family law firm in Melbourne, we know that when looking at the best interests of the child or children concerned, the court looks at two main factors:

 

·      Whether the child/children will benefit from having a relationship with both parents

·      Whether or not the child/children are protected from physical or psychological harm, family violence or abuse

 

In addition, the court will consider:

 

·      The views of the child (depending on their age, maturity, understanding, etc.)

·      The effect of potential changes to the child’s living circumstances

·      The relationship between the child and each parent

·      How practical it would be (financially, for example) for a child to be accommodated by each parent separately

·      Past records of any family violence, abuse, etc.

 

What Doesn’t the Court Consider?

 

The court does not consider any presumptions about who should have custody of a child or how much time a child should spend with each parent. Each situation is considered in isolation according to the specific conditions listed above – there is no bias towards or against parents of any gender, orientation, religion or any other factor. It is solely about what is in the best interests of the child, which the best family lawyers from Umbrella Family Law will ensure during the process.

 

Get Expert Representation for Your Child Custody Case – Speak to the Best Family Lawyers at Our Family Law Firm in Melbourne

 

Divorcing or separating? The best family lawyers at our family law firm in Melbourne can walk you through this process step by step, from your application for divorce to your settlement agreement and child custody case, providing the legal expertise you need to move this process forward as quickly and as smoothly as possible. Contact Umbrella Family Law today for compassionate, professional advice on how to start your new life.

 


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