What Is The Process Of Child Custody For Single Parent?

December 2, 2019    divorcelawyersperthwa
What Is The Process Of Child Custody For Single Parent?

When court grants permission to a parent, the right to take long-term and important decisions related to their children it is referred to as child custody. The important decisions are mostly regarding the upbringing of the child, education and health-related issues. Under section 61 C of the Family Law Act 1975, parental responsibility is held equally by both parents of a child, either born to them or adopted, in a relationship. According to this act, when a child is less than 18 years old, both the parent has equal parental responsibility provided if Section 61D is not applicable. However, many separating parents ask for child custody after divorce from the court to prevent the other parent from having access to the child. However, the court ensures that the child is not neglected and their education and other basic needs are taken care of.

When is “sole parental responsibility” order granted?

Previously, parents who wanted to prevent their former spouse from accessing the child would ask for “sole custody” orders from the court. However, under the Family Law Act this term is not being used anymore. Instead, a parent may ask for “sole parental responsibility” order from the court which is similar to “sole custody.” However, the court will release a “sole parental responsibility” order to a single parent only when it thinks that equal shared responsibility would not be in the best interest of the child or appropriate for the child. When it comes to Full custody vs sole custody, full custody is a general term and sole custody is a legal one but the meaning is same.

Custody rights for mothers and fathers

When a marriage ends, ensuring the welfare of children is the primary concern for most parents. Previously, the legal system believed that children belonged to their mother and child custody rights for mothers used to go in their favor. According to the Family Law Amendment Act 2006, mother’s rights technically do not exist in Australia. This is because the court does not give preference to either of the parents. It rather bases its decision in the best interest of the child. However, mothers share a physical bond with their children since birth and are allowed to live with their mother after they are born.

Each and every divorce case is different and there may be a situation where the best interest of the child would be to stay with the father and not the mother. In such circumstances, child custody rights for fathers allow them to take custody of their child legally. Today, fathers play an active role when it comes to decision making and raising a child. However, most of the time divorced fathers fail to receive full custody of their child as they get to spend less time with the child.

Things that are allowed in “sole parental responsibility” order to a single parent

  • The single parent will have sole responsibility in some or all aspects of their child’s life without having to consult the other parent, regarding those responsibilities particularly ordered by the court. Sole responsibility of the child will be given to a single parent provided the child lives exclusively with one parent.
  • Limits the extent of contact between the child and the former spouse but is not completely disallowed unless it can be proved that the child will be in danger.

In situations where there is some danger to the child from the other parent, one can go for a “supervised contact” order. The “supervised contact” order provides access to third parties like grandparents and other members of the family.

The Process Of Child Custody For Single Parent

  1. While applying for full custody of a child, a single parent must provide the court a detailed report about facts that makes the claim against the other parent relevant. This may include:
  • Proof of police record or statements from other witnesses
  • Proof which shows that there is no communication between the parents
  • An indicator which proves that joint parenting may be problematic for the child in comparison to a sole custody parenting order
  • The mental and physical health of both parents are also considered
  1. Under Section 60CF, the court considers the child’s best interests related to any “family violence order” in order to guard the family from being abused by one of the parents. Under this section, a person must inform the court about the existence of such an order.
  2. The court considers the risk of exposing the child to violence under sections 61DA(2-4)
  3. Once the court comes to a conclusion that shared parenting in a particular situation would not be in the best interest of the child, it considers issuing parenting orders. The parenting orders may include “sole parental responsibility” order which provides a single parent the authority to take all the decisions related to the child. This means that the single parent having the custody of the child will not have to consult with the other parent about the decisions being taken.

A parent with “sole parental responsibility” may be concerned about their child’s safety and may apply to the court to make necessary changes in the parenting order. This can be carried out even when an initial Parenting Order has been released. One should consult a divorce lawyer regarding child custody process for single parent as they can guide you in the best possible way.

The way divorce lawyers can help

To win the case and get custody of your child, you would require assistance from best Child Custody Lawyers in Perth, as they help you to arrange the facts properly and present them skillfully. The efficient and professional child supports lawyers extend their helping hand to those who wish to get custody of their child. The court gives special attention to children who are less than 10 years old and the law always prefers the best interest of the child concerned. Getting custody of a child is a long battle which may have a negative impact on young minds. For this reason, the divorce lawyers Perth try their best to settle child custody dispute out of the court but unfortunately many a time it doesn’t happen so.

REQUEST A QUOTE NOW! Complete the form below for a fast response

Related Posts
  • Outstanding Divorce lawyers in Perth.Fair, realistic and practical. Most importantly knows how to fight for clients when a more aggressive approach is necessary. Divorce Lawyers Perth have deep understanding of law. Thanks and recommending couples seeking divorce.

    Steven Smith
  • Very Professional and helpful in my Case. Thank you Divorce Lawyers Perth WA for the Support, expertise and guidance through my divorce process. 100% recommended in Perth area.

    William Watson
  • Highly recommended divorce lawyers Perth. Very knowledgeable, calm , methodical and they took away my friend lot of frustration & stress throughout the case . I must say they are best divorce lawyers in Perth.

    Prabhjeet singh Pannu
  • Working with Divorce Lawyer Perth WA was a smooth and seamless process. I was highly impressed with the negotiation skills, attention to detail, and knowledge of the Divorce law. Highly recommended Divorce Lawyer in Perth, Western Australia

    Uttama Kanwar
To Make An Appointment Call Us At (08) 6245 1263
Divorce Lawyers Perth WA Address
Copyright © Divorce Lawyers Perth.
All Rights Reserved
Enquire Now
Call Us Now