How to Prepare for Child Custody Mediation and Achieve the Best Outcome

Separation can happen due to various factors such as irretrievable breakdowns, loss of commitment, or domestic violence. Everyone has the right to live their lives on their own terms, and the law supports it.

However, during the marriage or the de facto relationship, if you conceive a child or have children of your own, the Court will ensure that the innocent party is taken proper care of. If you and your partner need help sorting out the parental responsibilities related to your child’s well-being, it is best to consult experienced child custody lawyers in Perth.

The Procedures of Deciding Child Custody

There are certain scenarios involved in deciding the parental responsibilities with regard to a child. In Western Australia, it is governed by the Family Law Act 1975, which ensures the parents play a meaningful role in their child’s life. The presence of adequate parenting is ensured, and duties are shared among the parents, taking into consideration their income, the cost of facilities in Australia, and their circumstances. The following situations regarding the procedures of determining the custody of your child are stated below:

If Both Parents are On Friendly Terms

It is the ideal scenario where the parents opt for mutual separation and there are no lingering bitter feelings. If you and your partner have already agreed upon who your child will live with, how much time each parent will spend with their child, which parent will hold the primary decision-making responsibility and the financial or schooling arrangements, you can proceed to enforce it in two ways.

• A Flexible Agreement: The first method is to make a written parenting plan together and then date and sign the document. Be clear about the living arrangements and communication terms, and take the help of child support lawyers if required. Keep that document safely, as it can act as evidence in Court if any disputes arise in the future.
• Request for a Consent Order: If you want to enforce your terms legally, submit the parenting document and apply for consent orders in the Family Court of WA. If the Court approves it after evaluating its contents to see if it’s in the child’s best interests, it becomes a legally binding order.

If One or Both Parents Have Doubts Regarding The Terms of the Child Custody

If any dispute arises regarding how much one should pay in child support, who receives or sends the amount, and how the payment will be collected, then it is best to attend a Family Dispute Resolution (FDR).

The FDR Practitioner acts as a mediator to help the parents reach an agreement without court conflict, reducing cost, unnecessary stress and delays. Here, the focus is given on the child’s best interest instead of parental rights, and if it’s successful, a Parenting Plan is drafted and enforced by Court Order.

However, if there’s a risk of family violence involving child abuse or abduction, it requires immediate court intervention. Other cases include one parent being unavailable due to mental health, language barriers or distance.

Resolving Serious Communication Issues Regarding Child Custody

If the mediation fails, the FDR Practitioner will issue a Section 60I Certificate stating that the negotiation failed. It usually happens when the parents strongly disagree and have to rely on the decision of the Court.

• Child Support Act 1989: Under the Child Support Assessment Act 1989, if a parent wants to formalise their financial obligation, they can apply to Child Support Services Australia for an assessment. A survey is conducted, and a formula determines the amount of child support. This involves the total amount payable for the proper financial well-being of the child, the combined income of parents and the individual income. Based on that, an allotted amount is assigned to each parent, which should be given at regular intervals.

However, the amount of care also plays a significant role. If you are the one responsible for your child’s residence, meals, supervision and day-to-day support, the cost of providing those amenities is reduced from your share of financial contributions. If the total number is negative, you will be the one receiving child care support from your partner.

• The Best Interests of the Child: Apart from that, the Court issues parenting orders based primarily on the best interests of your child. To win a child custody case, your lawyer must show that you can provide the necessary arrangements that will promote the safety of the child.

Any views expressed by the child are given priority, and his developmental, psychological, emotional, and cultural needs are assessed. Your capacity to give those facilities to your child is analysed along with the child’s long-term benefits if he resides with you. Any important situation relating to the child’s age is also taken into account before a verdict is passed.

Conclusion

The Court of Australia will not grant a divorce if your child or one of your children is under 18 years of age unless it is satisfied that the housing, schooling, financial support, and emotional well-being are met. A separation legal advice always encourages you to take proper parental responsibilities, and seeking the services of a reputable law firm is always recommended.