Full Custody Made Simple: 7 Steps to Protect Your Parental Rights

The Australian courts decide on child custody if the separated parents continue to disagree about the matter and can’t make a mutual decision. The court generally includes both parents in the decision, and instances, where they have prohibited one of them from meeting their kid, are scarce. Still, parents separate in reality, and they must hire the best divorce separation lawyers Perth so that the innocent child’s best interest is maintained.

According to statistics, close to 3% of Australian parents trust the court as the primary mediator for making parenting arrangements.

So, it is best to hire the most recommended legal counselors to present your case comprehensively and complete all the necessary legal formalities.

Getting Solo Custody of Children

The Australian court allowed parents to stop their former spouses from meeting their children up to 1995 by awarding them full custody. However, the current law doesn’t allow it, as the term has been discontinued in the family system.
However, Section 61C of the Family Law Act 1975 (Cth) can allow a parent to seek ‘sole parental responsibility.’ If ruled in favor, that parent can make decisions related to all or some parts of the children’s life without checking with the other parent. However, they must prove that:

• One of the parents has inflicted abuse or violence in the past.
• Joint parenting will not be appropriate for the child’s best interest.
• The child is unsafe when left with the other parent.
• One parent is mentally or physically unfit.

The parents mentioned in the last category can meet their children in a court-approved “supervised contact.” Still, one partner may have the children’s full custody if the other has shown acts of extreme violence to the child (as per section 60CF of the Family Law Act).

Children of parents in same-sex relationships are given the same treatment as the kids from heterosexual or de-facto relationships – meaning identical legal procedures and regulations apply for each of them. You can hire the best child support lawyers in Perth if you are worried about your children’s rights and legal status.

Seven Ways to Ensure Full Custody of Children

The court will always look for a child’s best interest, which will be their judgment’s primary directive. However, you should always consult with our experienced divorce separation lawyers before taking any step. Some of the ways you can get full custody of your child are mentioned below:

1. Knowing the important parts and being familiar with the legal framework covering full child custody in Australia is vital. The primary law on this subject is the Family Law Act 1975, which emphasizes the best interest of the child before making any decision.

2. The Australian legal system works differently than the general area, so hiring the most dependable and best divorce lawyers in Perth from our agency will be the greatest decision. The legal counselor will assess your situation, provide personalized guidance, and give you proper information about the laws and regulations applicable to your jurisdiction.

3. The Australian Family law encourages mediation as a way to resolve custody disagreements. Parents often must attend mediation and try to reach an agreement before the court intervenes. This process offers a negotiating chance for both parties to work out a jointly acceptable parenting agreement.

4. Gathering appropriate evidence that substantiates your claim will be one of the effective ways of gaining full custody. You can present school reports, medical records, witness accounts, or pieces of evidence of domestic violence or substance abuse history. The court may rule in your favor regarding the child’s well-being.

5. You will need to present a strong case outlining the need to allow you full custody and how it would be in your kid’s best interests. The court prominently considers factors like the child’s stability, safety, and emotional well-being p in most cases.

6. It would be best to highlight your willingness to prioritize the child’s requirements above any personal disagreement. Australian courts favor co-parenting arrangements that involve both parents in the child’s life, provided it is suitable and safe. Presenting an image of willingness to enable a co-parenting relationship may award you full custody (subject to other factors).

7. Demonstrate respect for the legal process as the court. Be present at all hearings, obey court orders, and work with the court-appointed child psychologists and family consultants. It will help strengthen your case and boost your credibility

Conclusion

In conclusion, we have discussed the steps that can be implemented to protect your parental rights. For further assistance and help, consulting with the best divorce lawyers in Perth will be an effective step in attempting to obtain full custody of your child. They will recommend the appropriate action and offer effective advice according to your case’s status.