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Free Guide to Hiring a Family Lawyer
In Launceston, Australia, child custody law is governed by the Family Law Act 1975, which prioritizes the child's best interests. The law emphasizes minimal impact on the child's life and meaningful relationships with both parents. The court takes into consideration each parent's capacity to provide for the child's needs and the effect any changes would have on the child.
You may need a lawyer in situations such as divorce or separation, where decisions need to be made about where the child will live, the time the child will spend with each parent, and other key issues affecting the child's welfare. If an agreement can't be reached independently, a family lawyer can aid in achieving a resolution, or representing your case in court if necessary.
Under the local laws of Launceston, there is a presumption that it's in the child's best interests for the parents to have shared parental responsibility. This doesn't mean the child will spend equal time with each parent, rather, that both parents will have an active role in making decisions about major long-term issues. This usually includes decisions about the child's education, religious practices, health, and the child's name.
1. Can I move out of Launceston after custody has been decided?
The court’s permission is required if a parent wants to move somewhere that significantly affects the other parent's ability to spend time with the child.
2. Can a child make a decision about which parent they want to live with?
The court considers a child’s wishes, but the weight given to the child’s views will depend on the child’s level of maturity and understanding.
3. How can I modify an existing child custody agreement?
Any changes to an existing child custody agreement need to be approved by the court even if both parents agree to the modifications.
4. How does the court determine what's in the best interests of the child?
The court considers various aspects such as the child’s relationship with each parent, the effect of separation from either parent on the child, each parent’s attitude towards the child, and several other factors.
5. What happens if one parent does not comply with the child custody order?
Non-compliance can lead to serious consequences, including penalties or changes to the order. Any agreements should be legally recorded to ensure they can be enforced.
Seeking legal advice is the first step, but there are other resources that can provide assistance. The Family Court of Australia and the Federal Circuit Court of Australia provide detailed information and resources on family law matters, including child custody.
If you need legal assistance in child custody, consider consulting a lawyer specializing in family law. They can help understand your case better, explain your rights and obligations, and guide you in outlining your next steps.
