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In Devonport, as well as the rest of Tasmania and Australia, child visitation laws are centered on one dominant principle: the best interests of the child. This refers to the child's rights to know and be cared for by both parents, to spend time and communicate with both parents, and includes considerations of the child's safety, wellbeing, and growth. The Family Law Act 1975 provides the architecture for child visitation, more commonly known as "parenting orders" and "contact orders" in Australia.
Child visitation matters can be complex and emotionally charged. You might need a lawyer if you're dealing with divorce or separation and have to sort out the visitation rights. Also, if there is a dispute over the terms of visitation, if the other parent is violating visitation rights, or if you are seeking modifications to an existing order, a lawyer's assistance can be invaluable. Clients often need lawyer's help to navigate the Family Court system and ensure their case is presented effectively.
In Devonport, Tasmania, the Family Court of Australia applies the principles of the Family Law Act 1975 to resolve visitation disputes. Under this legislation, decisions regarding visitation are based upon the best interests of the child. Factors considered include the benefit to the child of having a meaningful relationship with both parents, and the need to protect the child from psychological or physical harm. The child's views are also considered, weighted by their maturity and understanding.
1. What is a parenting order?
A parenting order is a legally binding arrangement set by the court, outlining the responsibilities of each parent in relation to their child. This can cover with whom the child lives, time spent and communication with parents, and other aspects of care.
2. How is the “best interest of the child” determined?
The court considers several factors such as the child's relationship with each parent, the likely effect of changes in circumstances, practical difficulties in spending time with each parent, each parent’s ability to provide for the child's needs, the child's own views among others.
3. Can a child refuse visitation?
Under Australian law, the child's views are indeed taken into account, but ultimately decisions are made based on the child's best interests. The level of consideration given to a child's view can vary depending on his or her age and maturity level.
4. What if the other parent does not comply with the parenting order?
If any parent does not comply with a parenting order, it might be necessary to apply to the court for an order enforcing the original order and also address the breach.
5. Can a parenting/visitation order be changed?
Yes, if there has been a significant change in circumstances or if it's in the best interests of the child, the court could agree to change the existing order.
The Family Court of Australia and Legal Aid Tasmania are crucial resources to consult for information and assistance. Organizations like the Tasmanian Relationships Institute offer counselling and mediation services that can assist parties in working through visitation matters outside of court.
If you need legal assistance in matters regarding child visitation, it's recommended that you consult with a family law solicitor or law firm specializing in family law. Prepare a list of questions and possible concerns before the visit. You could also consider seeking assistance from Legal Aid Tasmania or other community legal services for additional advice or representation.
