Division or separation is one of life’s biggest challenges when children are involved. Familiarising yourself with child custody arrangements is vital to stability and provision for the future of your child. Should you find yourself involved in this process within Brisbane, it’s worth learning about your rights and responsibilities according to Australian legislation. This is a concise guide about what to expect and some key influencers of custody decisions to assist you with informed decisions about those closest to you.
Australian Family Law Explained
In Australia, “custody” is increasingly referred to as “parental responsibility” in courts of law. The Family Law Act 1975 is the main piece of legislation that regulates these issues. The legislation assumes it is in the best interests of a child for parents to have equal shared parental responsibility. What this will mean is that there is a shared responsibility for major long-term decisions regarding a child’s well-being by those parents involved; decisions regarding education and health, for example. Note this is not necessarily to imply equal time with each parent will automatically occur.
Types of Custody Arrangements
When parents divorce, they must agree upon where their children will reside and how much time with each parent is necessary. Parents who are able to come to an agreement can set it out formally by a parenting arrangement or by consent orders to the court. A parenting arrangement is a written agreement and is not legally enforceable itself. Consent orders are signed by a judge and carry with them all rights and obligations of a court order and are enforceable through its courts. Should there be an incapacity to agree, a court makes determinations based upon the child’s best interests.
Factors Influencing Custody Determinations
The number one consideration is always the child’s best interests. The court arrives at this by balancing various factors. These are a benefit to the child of having a relationship with both parents and ensuring that a child is shielded from physical and psychological injury. The child’s views are also taken by the court, subject to their age and maturity.
Other things may include each parent’s capacity to provide for the child’s needs and logistical realities of an arrangement. A family law solicitor in Brisbane who is a specialist in this area can provide personalised advice based upon your case.
Securing Your Child’s Future
Reaching a suitable parenting agreement is a key to providing stability and security to your child after a separation. The system looks intimidating but is really there to create a conducive environment to allow children to thrive. Being educated about the fundamentals of family law and evidence upon which custody orders are made can help you through it all with greater confidence and provide security for your child’s future.