Custody Battles in Australia: What can you Expect?

After a relationship breakdown, determining care arrangements for any dependent children may not always be an easy process. If an agreement cannot be made between you and your co-parent, there are a few options available for you. Both parents, however, must do their best to work together to reach an agreement that is in the best interests of their children. If your discussion of parenting arrangements is becoming a battleground, family law lawyers, at Resolute Legal, can offer a helping hand.

Family Law Mediation

Family law mediation can offer the grounds to settle the matter amicably. In this instance, you can attempt to resolve the dispute without a family law solicitor representing you; however, if you feel the discussion is becoming too emotional it may be time to reach out to Resolute Legal’s family law lawyers. Our team will be with you throughout the family law mediation process, offering tailored advice and working to keep the matter out of court.

Taking it to Court

If the dispute cannot be resolved with mediation and a parenting plan is off the table, it may be time to consider applying for a parenting order. Unlike a parenting plan, a parenting order is legally enforceable and you can be penalised for failing to comply once it is in place. When determining the basis for a parenting order, the Australian court will look take many factors into account, including:

  • the wishes of the child, their school and community ties
  • the nature of the relationship between the child and each parent
  • the capacity of each parent to provide a safe environment and meet the needs of the child
  • any history of family violence or neglect
  • the likelihood of each parent encouraging a positive relationship between the child and the other parent.

A family law solicitor can advise you when to consider applying for a parenting order, offer personalised advice and inform you of what evidence the court may need to see. Having legal representation during this difficult time can offer peace of mind and allow you to focus solely on the care of your children.

Parenting Order

A parenting order is a legal document, appointed by a court, and must be adhered to. The court will take into account all necessary information about the children and determine the best way to share responsibility, or award sole custody to one parent. It is important, even if you do not agree with the parenting order, to take all the required steps to facilitate it.

A family law solicitor is invaluable to you during this process. Resolute Legal can work with you, defend your rights and protect you and your children’s wishes in mediation and court. Contact Resolute Legal online or call 07 4724 5563 for family lawyers Townsville trusts.

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