What Is The Process For Getting Full Custody Of A Child ?

November 10, 2022    divorcelawyersperthwa
What Is The Process For Getting Full Custody Of A Child ?

What is referred to as ‘custody of children’ is called parental responsibility as per Australian law. Parental responsibility is the way by which responsibility is held equally by two parents of the child. This indicates that under this act, every parent of a child under 18 will have equal parental responsibilities unless ordered by the court.

Sometimes, separating parents who want to be the only parent looking to seek sole custody from the court. Before hiring the best child custody lawyers for your case, read the guide below to learn more about getting full custody of your child in Australia.

Equal Responsibility Of Both The Parents

There is usually a legal presumption that both parents share equal parental responsibility for any child below 18 years of age in their relationship. This indicates that when granting a parenting order. The court must act subject to the fact that shared responsibility is in the child’s best interests.

As per Section 60CC, specific matters must be considered when deciding what is in the child’s best interests. If there is evidence of harmful conduct or irresponsible behavior by a partner towards their children. The court may refuse to recognize that parent’s shared responsibility when making parenting orders.

Before you look to call for a divorce lawyer to fight your case, you must understand the term ‘equal shared parental responsibility’. The term only relates to allocating the parental responsibility of a child. A sole parenting order also means that a parent might be given sole custody of the child as per the education and religious involvement of the child. But in other matters, parenting might be shared between both parents.

Seeking Parenting Orders

When a separating couple cannot agree on how to parent the child after separation. They can opt to contact the Federal Circuit and Family Court of Australia or FCFCA to take charge of specific matters related to the child. The FCFCA, after having heard the submissions from both parents, will hand down parenting orders. When both parties attend the Family Dispute Resolution Conference, a mediator will attempt to bring both parties to an agreement.

A parenting order is not the same as a consent order. In the case of a consent order, it is a written agreement between both parents that gets submitted to the Australian court and becomes legally binding. Parenting orders can provide how the responsibility of the child can be carried out after the parents have been separated. After this, both parents can continue to carry on their full responsibilities for the child till the court influences the responsibility.

Sole Custody Or Sole Parenting Orders

Before 1995, partners who did not require their former spouses to have access to their children. They would also ask the court to grant them sole custody of their children. But today, this is no longer the case, and this is a term that is no longer used in the family law system. As there is parenting responsibility presumed under this act. A parent can seek an order from a court for ‘sole parenting responsibility’.

This is an order that might have been similar to the sole custody order. The Australian court can only give this type of order. If it believes that providing equal shared responsibility for the child is not proper or not in their best interests.

Before looking to opt for top divorce lawyers, look at what the order of sole responsibility can provide the parent with:

  • The sole responsibility for some or all the areas of a child’s life without the requirement to consult their former partner with respect to the responsibilities ordered by the court.
  • If the children will live exclusively with only one parent
  • The extent of the contact with the former spouse is important, and this order will not completely disallow a parent from having access to their children until it can be shown that the children are going to be exposed to danger if the other parent is given access.

Even if a parent might present a certain level of danger to the child, an order for ‘supervised contact’ can still be made. The order might still indicate access for third parties like grandparents, brothers, sisters and other family members. Parenting orders can either be made on an interim or a final basis. But, both can be amended by providing an application much later to the court.

How Do You Have The Court Order’ Sole Custody’ Of The Children?

This is an act that specifically provides that when forming parenting orders. The court needs to consider the risk of exposing the child or children to violence. Also, under Section 6oCF, the child’s best interests must be considered based on any ‘family violence order’. In place to safeguard the family from the abuse of a parent.

This particular section also provides that any individual might inform the court that such an order exists. This means the person does not require to be a party to the specific proceedings to advise the court. Before opting for top divorce and child custody lawyers, you need to learn more about the sole custody of your children.

If the court believes shared parenting in a specific case is not in the child’s best interests. It can make the parenting orders. This will be done to ensure a specific parent has the sole responsibility for their children. These orders can also include a ‘sole parental responsibility’ order that can provide one parent with full-decision making powers related to the child.

Associate With Divorce Lawyer Perth WA

If you and your partner are separated and desire full custody of your child, you need legal help. Contact Divorce Lawyers Perth WA to have access to top lawyers who can fight for you in court and provide you with legal advice to ensure that you get full custody of your child in the future. It can be complex to achieve success in your case without the help of top lawyers.

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