Couples who get divorced, their children's custody becomes the first priority. Having to split time & responsibility for them is one of the most emotionally draining processes to undertake after separation. You want what is best for them rather than your personal needs. Family lawyers in Adelaide will provide you with all the details regarding the laws and rights related to child custody so that you can make an informed decision whether to fight for sole custody with the help of a child custody lawyer or opt for share custody through a mutual agreement. Let's understand Australia's children and family law and see how child custody is decided in the court of law in Australia.

How Are Decisions Made?

A divorced couple can mutually decide on the terms of separation by consent or court order. A consent order comprises an agreement together with the help of Family lawyers in Adelaide and submitting the same to the court. Contrastingly, A court order needs decision-making intervention by the court through the judge. A specialist child custody lawyer might be required to help you secure your rights as a parent. 

The Best Interest of the Child

The Family Law Act 1975 (‘the Act’) dictates child custody situations in Australia. It is crucial to note that the children’s best interests are the court's primary consideration when making decisions relating to the children during divorce or separation.

As per section 60CC, the law considers,

• The benefit to the child enjoying a meaningful relationship with both parents
• The need to protect the child from psychological or physical harm from abuse, neglect, or any type of family violence.

The Requirement for a Pre-Action Process

In many cases, the court will need to see that the divorced couple has put genuine effort into resolving their dispute together before going to the court along with their Family lawyers in Adelaide. Usually, this can be achieved via counselling or mediation. If required, the court will direct both parties to engage in Family Dispute Resolution Conferences before applying for court orders. This effort at alternative dispute resolution is compulsory to encourage conflict-free resolutions without the need for strenuous court procedures.

Parenting Arrangements

Family Law courts of Australia can give orders related to parenting arrangements under two primary areas,

• Parental responsibility
• Care time

Parental Responsibility – Duties & Rights of a Parent

The definition of parental responsibility is described in section 61B of the Family Law Act 1975 and states that,

“Parental responsibility in relation to children, refers to all the duties, powers, responsibilities & authority which by law parents have towards their children”

Who Has More of a Say? Equally Shared Parental Responsibility

The court of Australia presumes that it is in the children's best interest for both separated parents to have equal shared custody and responsibility. It is assumed (as per Section 61DA) that unless there's an extenuating circumstance demanding different custody arrangements. Situations of alleged domestic violence & child abuse are some instances where this presumption of shared parental custody is not applicable.

Care Time – Time Spent Together with Children

Care time is defined as the physical time spent with the child/children and requires different considerations. Some of them include what is practical and reasonable for the children to not cause significant disruptions to their lives. Care time is usually divided into ratios, i.e., equal time, substantial time, or regular time.

Parenting Orders

If divorced couples are unable to reach an agreement, you can apply to the court for a variety of parenting orders. These are a set of orders made by a court about parenting arrangements for children. Both parties may enter into a parenting plan or apply for consent orders through their respective child custody lawyer.

What about Child Support?

This part is not covered by the Family Law courts of Australia but is handled by the Department of Human Services under Child Support (Assessment) Act 1989. Generally, both parents are liable to pay child support if they are able to afford it. The amount of child support each parent needs to pay is calculated by considering the income, time spent with children, age of children, etc.

Can Children be Relocated to Another State or a Country?

If there is a court order that the children are to spend time with both parents, they are not allowed to be relocated or even travel overseas without proper consent. If an agreement cannot be reached, an application must be made for additional orders enabling the travel with the help of Family lawyers in Adelaide. The court will consider all components relevant to the children's best interests.

Taking custody of children can be either simple through mutual agreement or can get complicated if an agreement is not reached between the separated couples and the court has to intervene and decide the custody arrangements based on arguments taking place between Family lawyers in Adelaide of both parties and according to the laws laid out by The Family Law Act 1975 of Australia.