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Wherever you live in the world if you have children and you are divorcing, the needs of any children should come first. If you are going through an amicable divorce, you may be able to come to a compromise with your partner as to which of you lives with the children and who has visitation rights. If you are unable to reach such an agreement then it may be down to the courts to decide who has custody of children. Any part of the world has child custody laws when couples are divorcing and here is how child custody works in Australia.
How child custody may be determined
If both parties are able to reach an agreement as to the custody of the children when they are divorcing this is known as a stipulation, will be taken into account in court, and will become part of any court order. However if no agreement can be reached between parents then a judge will listen to evidence, talk with parents and children if they are old enough, and reach a decision which will be in the best interests of the child. The courts will do their utmost to encourage parents to both take an active part in the upbringing of children when it comes to making decisions. However, in certain cases there is often no alternative but to award sole custody of the child to one parent or to even award grandparent’s custody of the children, in extreme circumstances.
What does having custody of a child actually mean?
If you are given custody of a child, it is down to you to ensure that you make lifestyle choices and decisions regarding all aspects of the child’s wellbeing. You will have to make such decisions as choosing schooling, health care, any activities the child may take part in and religious beliefs.
Joint custody and joint physical care
If joint custody is given then both partners have equal rights when it comes to the child’s upbringing. It is down to both parents to be able to work together when making choices and decisions regarding the welfare of the child. Joint custody of children can be awarded even in the event that the children live and spend the majority of their time with one partner and the other has visitation rights. In this case, both partners still have a 50/50 say in the upbringing of their children.
If joint physical care is awarded then partner`s have joint custody, and this means that parenting time is shared equally among both of the partners with the children living equal amounts of time with each.
What goes towards determining if joint custody is appropriate?
When determining if a joint custody agreement is appropriate the court will consider many factors and these will include:
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The suitability of each parent as custodian of the child
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How well parents are able to communicate with each other (which is essential as both will have to work together when it comes to what is best for the child)
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What the child’s wishes are on joint custody (assuming they are old enough)
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Whether one parent or both are totally opposed to the idea of joint custody
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Where each of the parents are now living after the divorce
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How safe the child would be in a joint custody relationship
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Whether there is the risk of domestic abuse
Of course, there may be many other factors taken into account and it may be necessary to seek the advice of a mediator to reach a conclusion and determine if joint custody is the best course of action. If you are divorcing and cannot reach an amicable agreement with your partner then seeking help and advice through a solicitor may be the best course of action. |
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