Separating from a former spouse is a difficult situation and is emotionally draining. Unfortunately, the effects of separation also affect your children. Questions begin to rise, such as ‘who is to have custody of our children’ ‘or how will child custody work’.
The phrase ‘child custody’ is often used by parents in discussions as to where the children should live and how often the children should spend time with the non-resident parent.
However, under the Family Law Act, the words ‘child custody’ are not used; rather, the legislation uses the terms parental responsibility’ and the Courts make Orders which includes the phrases ‘spend time with’ and ‘live with’
If you find yourself in a parenting dispute, please contact our expert child custody lawyers to assist you throughout this process.
Separated couples are required to undergo mediation and to participate in a genuine attempt to resolve the parenting issues for the benefit of their children. If you do not engage in mediation, the Court may not allow you to begin parenting proceedings. Our child custody lawyers can assist you in whether mediation is required.
The Family Law Act provides for a presumption that parents will have an equal say in relation to the major long-term issues of their child (known as ‘equal shared parental responsibility’). What are considered as major long-term issues includes decisions about education, health, religion and in some cases issues of relocation. .This presumption can be rebutted.
It is important to know that equal shared parental responsibility does not mean equal or shared time. If there is a dispute as to what time one parent should have with their child, the Court will need to consider what regime would be in the child’s best interests that poses the least risk (if any) to the child. The Court is also bound to consider further matters as raised under section 60CC of the Family Law Act. These considerations are important to the exercise of the Court’s discretion.
For more information, visit our page on Parenting and Custody Disputes.
