Parents’ separation is a matter of gravity and most importantly the solution has to be sought in the best possible way to take care of the children. Child custody and parenting arrangements imply that the emotional fullness, stability, and nurturing functions in a secure and balanced relationship with both parents, which are the rights protection of the children. In Australia, a family law that highly gives priority to the best interests of the child by helping the parents’ relationship to be a shared parental responsibility that is safety and welfare focused is the guiding force. Knowledge of the legal ground, the ways how to make everything right, and the preliminary elements are the first steps to control such a process and safeguard the child’s future ensuring its well-being both now and later.
Legal Framework for Child Custody in Australia
Regarding the child custody and parenting arrangement, it is the Family Law Act of 1975 that manages them in Australia. The Family Law Act of 1975 in the country does not use such terms as “custody” or “visitation”, these are more commonly used terms and are not included; instead, it talks about parental responsibility and parenting time. The act in question stipulates that both parents could make important decisions about their child’s welfare, unless, of course, this would be detrimental to the child. The law can be considered to presume that both parents are equally responsible for making decisions about their child.
Factors Considered in Parenting Arrangements
With respect to the selection of family types for a child to reside with, the court examines the following:
- The court can only make a decision that will allow the child to keep up with both parents.
- Protect the child from harm, neglect, or family violence.
- Get the child’s opinion taken into account based on the child’s age and development level.
- The parent’s ability to create a stable and supportive home.
- Shared parenting is realistic and depends on the distance between the parents’ homes and their work schedules as well.
Types of Parenting Arrangements
Choosing the best custody agreement is not the only solution to resolve the conflict. The best control of the situation will the parents accomplish here in the world turn into visual zion like this ones:
Parenting Plans
A parenting plan is a piece of paper that is signed by the mother and father to set up the ground rules for the care, custody, and financial support of the child. Being an exceptional source of information for fathers, the non-binding documents might be considered as the means for the subsequent amicable agreements.
Consent Orders
Upon the parental agreement to the different conditions of the consent, both of them can appeal to the Family Court of Australia to request the consent orders. These are legal court orders, meaning that both parents must follow the conditions they have consented to, the same being punishable if they do not comply with the conditions.
Parenting Orders
If the parents are not able to reach an agreement, a court may issue the parenting orders in their favor. The judge makes an agreement that he believes to be the most applicable to the child’s interests. Both parents must follow the orders that were created and come to an agreement.
How Advance Family Law Can Assist with Child Custody Matters
Custodial monitoring of the child is a tough process, particularly after a separation due to which the parents are not on good terms. Advance Family Law is one of the firms that offer expert advice and complete representation to mothers and fathers as well so they can not only make but also make it a mutual parenting decision. Their main goal is to stand by the parents throughout the mediation process, negotiation, or court process to guarantee that the child-centric decision making is implemented.
If child custody or parenting matters are the case, then Advance Family Law is the go-to law office that will provide you with the knowledge about your rights and duties.
Final Thoughts
Being logical with decisions related to custodial and parental issues is the best option because this is the determinative issue that significantly affects the future of the child. Although the legal process can be tough, taking the approach of the child’s welfare and keeping the lines of communication open can result in satisfying results from all parties involved. Hiring attorneys who have the expertise of family law and have the experience of doing this for years such as Advance Family Law is an excellent service to have, because they will advise you in making choices that protect your rights and your child’s well-being at the same time.
