Child Custody - Your Rights
WHo gets THE CHILDREN?
Many people think that it is always the mother who has majority custody - but this is simply not the case.
These days, fathers are much more involved than they were in the past and have often played a big role in the upbringing of their children. This amongst other things needs to be taken into consideration when deciding who has custody of the children.
The most important consideration is what's in the best interests of the child?
THE BEST INTERESTS OF THE CHILDREN
Legally each parent has equal and shared responsibility in their children’s lives. And children also have the right to a meaningful relationship with both their parents
It's figuring out exactly what this looks like that you might run in to difficulties - especially if you are not on the best of terms with your ex.
It helps to keep all discussions 'child focused' and to agree that any decisions are based on what is best for the children.
mediation is the next step
But if you are finding it impossible to agree upon anything - from where the children live, to who they spend Christmas and holidays with - then you may be a candidate for mediation.
This is a service that is available for separated parents to negotiate all the details of shared parenting and to ultimately agree on a parenting plan.
A Parenting Plan relies on the goodwill of both parties to comply as they are neither binding nor enforceable.
PARENTING PLANS VS PARENTING ORDERS
If there have been instances where your ex has ignored the agreements you made together in a parenting plan, it may be time to consider Parenting Orders.
Seeking Parenting Orders through the court creates much more certainty as they are enforceable, and there are consequences for contravening them.
Under the present rules, a person cannot make an application to the court for Parenting Orders until they have attempted mediation with the other parent.
NEGOTIATIONS WITH THE OTHER PARTY
We can help you to create fair and workable Parenting Orders. We are also able to assist grandparents in exercising their rights, which can sometimes otherwise be overlooked.
Get it right from the start and speak to Full Circle Legal for expert advice and guidance.
Call us now for your free consultation so we can assess your matter and advise the best way forward for you.
free initial consultation
(30 mins)
This is a confidential phone meeting with our principal solicitor Glen Pitt to talk about your matter. He will:
- Discuss any immediate challenges or risks you may face;
- Answer any specific questions you have;
- Provide preliminary legal outcomes and a strategy for your matter;
- Outline the next steps to move forward.