Child custody and support 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 simplify the process for you whilst achieving the best outcome.
Following a divorce or the end of a relationship, separated parents with kids under the age of 18 will need address child support and custody matters and make arrangements to ensure that:
- Their children continue to have a meaningful relationship with both their parents and live in a safe environment (child custody)
- Both parents continue to share responsibility for their children, such as providing for their well-being and financial needs (child support)
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.
Compulsory Mediation has also 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.
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 relationship with their two parents.
Child custody disputes
Other family members such as 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.
Family Court then 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.
How does the Family Court decide on child custody?
- 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
When it comes to child support, parents have the choice to come to their own agreement (private) or else register with the Child Support Agency (CSA) which will determine the amount of child support one will receive or pay in order to ensure that the financial needs and well-being of the children are met.
How much child support will I pay / receive?
Under Australian Law, there is a semi complicated formula applied as part of working out who should pay what, and how often. You can use the Child Support Assessment tool provided by the Human Service website to assess the amount of child support you might need to pay or receive.
Jeremy helped our family at a difficult time with a Saturday mobile visit. His service was great, everything was explained and he made us all very comfortable. 8 documents in all and very reasonably priced. Thank you again.
Confident, knowledgeable experienced and dependable.
They made the task of creating a will easy and stress free!! Very happy to recommend them.
Personable and flexible. Extremely willing to get the best for you.
Jeremy came to my house (on a Sunday morning) and we worked through how I'd like the will. He drafted it, I checked it, he printed it with his portable printer, I signed and he witnessed it, and it was done. And power of attorney similarly. Great service.
Professional, and great to work with!
The Maspero family of lawyers are a pleasure to deal with and very professional.
Very helpful advice. Professional team.
Jeremy is great. Very professional and I would not hesitate to use thier services again in the future
Excellent. got me a section 10 on a first offence mid range drink driving. and couldnt be happier thanks guys
Very Profeesional and knowledgeable service. Ifelt happy knowing i was in safe hands. Would highly recomend Maspero Legal.
Extremely knowledgeable and great at explaining matters in language I could understand.
Efficient, clear and reasonably priced
Exceptional service, helpful, informative, kind and easy to work with.
Great people who listened to our needs and helped with our concerns
Jeremy Maspero was friendly and very efficient with my questions i highly recommend him.Thanks Jeremy talk soon Maria.
Maspero Legal helped me with a family law matter and I was very satisfied with their service, pricing and result
Friendly and professional. Provided a great service.
If you need some advice or representation, give Maspero Legal a call. They are a great team that are willing to listen and help you get the best outcome.
Maspero Legal are highly experienced and very accommodating to assist with whatever it is that you need. They are easy to deal with, very friendly and I would highly recommend them.
Thank you for your advice on and preparation of a Will, Power of Attorney and Enduring Guardian. You provided very courteous and very prompt service.