How does the Family Court determine child custody cases?

December 7, 2021    divorcelawyersperthwa
How does the Family Court determine child custody cases?

Child Custody Cases: Family Court Decisions

One of the biggest impacts of separation falls on the kids, especially on the matters of custody. Following the separation procedure, if both parents agree on some parenting agreements, a parenting plan is normally prepared by the lawyers and placed in the family court for consent orders.

However, in many cases, it is seen that the parents cannot agree on one single plan, and therefore comes the importance of a child custody lawyer who can then apply to the court for parenting orders giving you the sole custody of the child. Suppose you are going through the rough patch of legal separation. In that case, you should also have a proper understanding of what parenting orders are and the different types of parenting orders accepted in the family court of Australia. And how reputed child custody lawyers Perth Can help you in getting the parenting orders.

What is a Parenting Order?

To define a parenting order is a result given by the court to decide the parenting responsibilities and how it will be allocated to both or either of the parents keeping the best interest of the child the only purpose behind. Various topics which are covered within a parenting order include:

  • Accommodation for the child
  • The amount of time the child will spend with each of the parents and also other members of the family
  • How the parents will decide major life decisions for the child
  • How and by what process the child will communicate with other parents or family members with whom they will not live.
  • All the others aspects for child care welfare and development.

Sometimes in some special cases, parenting orders can also deal with the relocation of the child. Generally, all these topics can be addressed informally or by making a parenting agreement among both parents however, if there is a difference of opinion, then that can be resolved in the family court. It is seen that normally most of the parents comes to an amicable agreement when it comes to custody affairs; however, if there are less than 5% dispute that can be resolved in the family court of Australia.

How Does The Court Decide On Parenting Order?

As mentioned already, when the parents cannot decide among themselves about the child custody, the court has to decide the custody based on the child’s best interest.

If you’re wondering what makes the court decide on parenting orders, then the point above is the most important consideration taken by the court. The family court of Australia believes in providing the children an enjoyable and meaningful relationship with both of their parents but protecting them from physical or emotional harm.

Therefore, while making the decision, the first focus comes on the children’s rights, and the responsibility is that comes on each of the parents instead of considering the parental rights.

A simple example can be stated here to give you a glimpse of this scenario. A parent might feel that they have the right to spend time with their child, especially if they’re paying child support. This is something vastly misinterpreted and misunderstood by both the parents and the lawyers if they have approached someone who doesn’t specialise in Australian child custody laws.

However, the family court will assume that despite the fact both parents have the right to make important parenting decisions for the child’s future, it doesn’t necessarily mean both parents will spend an equal amount of time with the child. Here the child’s mental state and best interest will be the key factors for deciding the quality time entitlement.

Some of the most significant parental considerations which are made while making these kinds of decisions includes

  • Firstly how the child will be affected by an equal or substantial or significant amount of time from both the parents
  • Secondly, how far apart both the parental parties involved lives
  • Thirdly individual Abilities of both parents to share and care and communicate with one another, Resolve difficulties if any arise in the proposed agreement with one another, And also understand how the arrangement works in the best interest of the child regularly
  • Fourthly, sometimes the financial aspects of the parents are also considered.

Is The Child’s View Considered?

While discussing parenting orders, a very common question that might pass through your mind is whether the children’s views are considered or not. Normally the court does not hear directly from the children as for the family court law’s children doesn’t go directly to the court; however, the child’s attitude and his views may be placed in front of the court in the form of a family report or by the independent child’s lawyers.

Who Are Independent Child’s Lawyers?

When deciding on the custody of the children, an independent child’s lawyer plays a key role in making the decision. As for the family court laws, an independent child’s lawyer does not represent any side of the parents, and they work solely in the child’s best interest. Generally, these kinds of lawyers:

  • Collect information about the child care from his teachers, doctors, counsellors etc.
  • May issue subpoenas to find out relevant information especially related to criminal offences.
  • Arrange drug tests for parents
  • Can talk with the child in the presence of counsellors
  • Can arrange for psychological tests of the family and find out reports.

An independent child lawyer will not necessarily consider the child’s views on this situation; however, they will consider all the above-mentioned factors to help the court make a decision.

Any person who is taking part in the legal proceedings can Volunteer for being the independent child’s lawyer; once the application has been placed, the court will decide whether an independent lawyer is needed or not.

To Sum Up

The decision to find the right custody for any child is not an easy thing to make. Therefore, the legal aids you have must be proper before applying. So look for reputed divorce lawyers in Perth and child custody experts before negotiating the parental agreement or rushing down to the court.

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