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Free Guide to Hiring a Family Lawyer
In Devonport, Australia, child custody laws are governed under the Family Law Act 1975, which emphasizes the best interests of the child as the most important factor when determining custody matters. The law believes children have a right to a consistent relationship with both parents, as long as it's safe and in their best interest. The court considers aspects such as the child's relationship with parents, willingness of parents to promote the relationship of the child with the other parent, any history of family violence, and the child's wishes to make such determinations.
Legal help may be necessary in situations including divorce or separation, where the custody of the child needs to be determined. A lawyer can provide guidance on creating a parenting plan or agreement, seeking court orders, or when there are concerns about child safety or risk of family violence. They can help in understanding the law, represent you, and aid in negotiations with the other parent.
In Devonport, child custody matters are typically resolved through the Family Court of Australia. The court prefers parents to arrive at an agreement outside court, by family dispute resolution or counselling. If this proves unworkable, the matter proceeds to court which can issue Parenting Orders, dictating who the child lives with, time spent with non-custodial parent and other details. The court also considers the views of the child based on their maturity and understanding.
1. What is shared parental responsibility?
This is the presumption that both parents share decisions that have major long-term implications for the child like education, religious and cultural upbringing, major health decisions.
2. Can a child decide which parent to live with?
There is no set age when a child can make this decision. However, a court will take into account a child's wishes, based on their maturity and understanding.
3. What are parenting orders?
Parenting orders are legal directives from a court which specify with whom a child will live, the time they will spend with the other parent, and other aspects.
4. Can grandparents apply for custody?
Yes, in certain situations, grandparents or other interested relatives can apply for custody.
5. How are child custody disputes resolved?
Child custody disputes can be resolved through negotiations, alternative dispute resolution methods like mediation, or through a court order.
Family Court of Australia and the Australian Government's Family Relationships Online website offer resources on child custody laws and support services. The Legal Aid Commission of Tasmania provides legal advice for residents of Devonport.
If you find yourself needing legal assistance in child custody cases, identifying a proficient family lawyer should be your first step. Ensure to gather all necessary documentation and start a dialogue with the other parent if possible. Also consider seeking advice from local support services and counselling.
