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Free Guide to Hiring a Family Lawyer
In Adelaide, Australia, laws regarding Child Visitation are guided by the Family Law Act of 1975. These laws prioritize the child's best interests and emphasise the importance of both parents maintaining a meaningful relationship with their children post separation or divorce. However, exceptions are made in cases wherein the child's safety is at risk.
You may require legal assistance in handling the complexities involved in child visitation cases. This includes cases where there is dispute among parents about visitation schedules, instances where parent-child contact poses a potential risk to the child or any cases involving international custody disputes and child abduction. A lawyer can provide guidance, represent you in court, ensure your rights are protected, and assure the child's best interests are advocated for.
The local laws in Adelaide, Australia, are governed by principles that ensure the child's right to know and be cared for by both parents. These laws also aim to protect the child from physical and psychological harm. The courts prefer to make orders for Equal Shared Parental Responsibility (ESPR), which requires parents to consult with each other and jointly make decisions about major long-term issues related to their child. However, specific visitation orders can vary based on the child's best interest.
1. Can a parent deny the other parent visitation rights?
Visitation rights can only be denied if it is in the child's best interest and a court order has been issued to that effect.
2. What factors does the court consider in granting visitation rights?
The court considers a range of factors including the child’s relationship with each parent, the willingness and ability of each parent to facilitate and encourage the relationship between the child and the other parent, the child's wishes, the child's safety, etc.
3. Can visitation orders be modified?
Visitation orders can be modified. This usually happens if there has been a significant change in circumstance that affects the child's well-being.
4. What happens if one parent does not comply with the visitation order?
If a parent fails to comply with a visitation order, they may face legal consequences. The aggrieved parent can file a contravention application.
5. Can grandparents or other relatives request visitation rights?
Yes, under the Family Law Act, grandparents and other significant people in the child's life can apply for visitation rights.
You may find additional help from the Local Court of South Australia or the Family Court of Australia. Legal Services Commission of South Australia also offers free advice and publications related to Family Law and Child Visitation.
If you require legal help with Child Visitation, it is recommended that you seek the aid of a family lawyer. They can provide you with advice, assist with negotiations, and advocate for your interests in court if necessary. You may also consider mediation services before pursuing legal action, as this approach can help resolve disputes in a less confrontational manner.
