The welfare of children during marriage break downs is one of the most emotionally challenging and complex areas of law to resolve on behalf of a client, especially when property is involved. Disputes in this area are very sensitive – with shared responsibility of children often difficult to facilitate. No two child custody cases are ever the same and you need an experienced Family Lawyer to simply the process for you whilst achieving the best outcome.
Parenting agreements take many forms however If shared responsibility of children cannot be agreed privately between both parents, the Family Court looks at how a child can best have a meaningful involvement with both of their parents. A big part of this involvement focuses on the need to protect a child from physical or psychological harm from either parent. Any actual or apparent harm can complicate arrangements between parents. We recently represented a Mother of two whose children were abused physically by the father and as such, he not only lost any custody rights but was only able to see the children on a limited and supervised basis.
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When determining child custody matters, if an agreement cannot be reached privately between both parents, a court can make orders determining where a child will live and for how long / what % of the time. Other family members such a grandparents and aunts or uncles can be included as part of court orders depending on the family composition and the relationship of the parents with the children. Once again, the need of a child to have a meaningful relationship with both parents is the ultimate goal of any court intervention.
Some of the many factors a court considers in deciding how does a child have a meaningful relationship with both parents include:
- The age of the child and wishes/opinions expressed by them
- Are there other siblings involved and what are their wishes / opinions
- Family relations and the cultural backgrounds of both parents along with their day to day welfare such as where do they go to school
The views of children are important however they do not give evidence in court. The views and opinions of children are usually heard through a psychologist or an Independent Children’s Lawyer
Maspero Legal will always aim to avoid court and instead focus on mediation or other ways of resolving child custody matters that are more cost effective, faster and less stressful. Divorce and separation when children are involved is very stressful for all parties involved and mediation aims at reducing the stress and cost of resolving child custody disputes. Compulsory Mediation has become a fundamental part of the Australian Family Law Framework and is compulsory for parenting order matters that go to court. Whilst there are many benefits to mediation, it doesn’t always work resulting in Court action to determine child custody matters. Be rest assured Maspero Legal will be with you at every step of the parenting and child custody process to advise and guide you.
Both parents are required to contribute to the wellbeing of their children and the Department of Human Services determine and administer child support, not the Family Court. Even if the parents have never lived together, both are required to contribute to the financial wellbeing of children.
The amount each parent has to pay (and how often) is decided by looking at a) the income of each parent b) the living arrangements of each child and c) how many children there are in the relationship.
Under Australian Law, there is a semi complicated formula applied as part of working out who should pay what, and how often. Have a look more here
Maspero Legal have an excellent track record in resolving child custody and child support matters. We bring more than 27+ years experience to your case.
Call us now on 02 8052 3322 for a confidential discussion about how we can help you.
Level 2, 7 Grosvenor Pl, Brookvale
Phone: +61 2 8052 3322
L1/1401 Botany Rd,
Botany NSW 2019
Phone: +61 2 8052 3322