Child Custody Laws and Child Custody Rights are terms often used when parents seek advice in relation to parenting disputes. When parties make competing parenting applications, the Court is required to consider what is in the best interests of the child.
Children’s Rights
Child Custody Rights relate to the rights of the subject child, not the parents.
The rights of a child can be summarised into two primary considerations:
- The child’s right to have a meaningful relationship with both parents; and
- The child’s right to be protected from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
If the primary considerations conflict then the need to protect the child prevails.
The best interests’ principle is the overarching and paramount consideration in all parenting matters. Primary considerations, together with an extensive and broad list of additional considerations are matters that the Court will take into account when determining what is in the child’s best interest. An experienced family lawyer can advise you on which considerations are relevant to your circumstance.
Understanding Child Custody Rights and navigating Child Custody laws can be overwhelming, particularly during a time when parents are in highly emotional circumstances. Our family law team has extensive in parenting matters and can assist parents with their child custody disputes.
Click here for more information on Parenting and Custody Disputes.
For custody advice contact us on 1800 300 170 or email us at familylaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
