Do you have a child with your life partner, and are currently separated? Now, a sensitive but crucial part of separation comes, and that is child custody. As per section 61 C of the Family Law Act 1975, in Australia, parents share equal responsibility for a child under the age of 18. So, it’s 50-50 custody even if both parents are separated.
But sometimes, if a parent is contemplating ‘sole custody’ or ‘sole parenting’, they must consult the best lawyers for child custody in Australia. Before you go ahead with filing a request in the court, it is advised to understand how to win child custody in Australia so that you are better prepared and don’t get shocked or surprised by the court proceedings if things don’t go according to your plan. In addition, it may help you present a better case to get the court ruling in your favor.
Concept of parental responsibility in Australia
It is defined under Division 2 – Parental responsibility of the Family Law Act 1975. Section 61B states “all duties, responsibilities, powers and authority which, by law, parents have in relation to their children.” Under this section, the powers and legal duties offered to the parents are,
- Making correct decisions for a child’s upbringing, education, and religion
- Taking reasonable disciplinary actions concerning the child;
- Giving consent to a child’s adoption
- Get a passport or visa for the child
- Carry out legal proceedings on behalf of the child
How to achieve Sole Custody
As per Australia’s Family Law Act 1975, the letter of the law states that a child’s wellbeing is the biggest priority. It means the court has to take into consideration immediate harm or possible harm in the future to the child. If the court believes a parent can cause physical or mental abuse to the child, it’s a massive motivation to rule the child’s custody to one parent. As per recent studies, only 3% of the time, a court will give a ‘no contact’ order as a judgment. After lawyers for child custody in Australia manage to convince the judge that ‘sole custody’ is the right decision, the order of ‘sole custody’ for one parent will contain,
- Sole responsibility for few, or all aspects of their child’s life, without the need to consult the other parent concerning those responsibilities specifically ordered by the Court.
- Allowing the child to live with one parent exclusively
- The amount of contact with the former life partner or spouse.
How to win sole custody for mothers
Statistically, mothers win ‘sole custody’ of their child 27% of the time and 46% of the time they are awarded primary custody. It means the win percentage for mothers to win child custody is almost 73% in most cases. Mothers with the help of lawyers for child custody in Australia only have to prove that they are fit to take care of the child. If they are looking after the child for a long time and can stay near the child’s school, it makes a better case in favor of the mother. Only in extreme cases where the courts get proof of neglectful parenting habits or threat to the child’s safety concerning the mothers can make the case go against them.
How to win sole custody for Fathers
As we already know, the child’s mother gets the maximum advantage in sole custody cases, and hence it’s an uphill battle for the fathers who seek full custody of their child. As per research, only 3% have achieved primary custody, and 2% have achieved sole custody in such cases. However, if they hire top lawyers for child custody in Australia and manage to prove that the mother is struggling with mental health issues or drug addiction, then there might be a good chance of the court ruling in favor of the father.
Child Custody Mediation
In reality, only 3% of the sole custody cases move into court, and 16% go through a mediation procedure of some sort. Mediation is a process where both parents work together in front of a third party to reach an agreement concerning the child’s custody. The mediator role can be done by some professionals or lawyers for child custody in Australia.
Before moving ahead to get sole custody of the child, it is advised to understand how to win child custody and the different premises in which sole custody can be granted in the court. Hence consulting top lawyers for child custody in Australia may be the best way forward if the other parent is not agreeing with the existing custody terms.
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