When it comes to separation or divorce, there are many things you will need to consider: property settlement, spousal maintenance, and of course living arrangements for any children you and your ex-partner may have together.
Each parent of a child under the age of 18 years old has an equal parental responsibility unless ordered by a court. This means if there’s a separation between parents or any reason why one parent isn’t fit to be responsible for that child, then the two parties will need to come to an agreement about how children will be looked after going forward.
It can be either a simple or difficult process; some parents are able to come to an agreement and devise a parenting plan that works for all parties, while others must attend mediation or go through court proceedings to resolve their differences. Whatever your circumstances, our family lawyers are experienced in dealing with a range of children’s matters and will be able to help you secure the best possible outcome.
Our child custody lawyers in Melbourne can help with any and all family law matters, including child custody arrangements. If you require expert advice to ensure that your children are properly cared for, make sure you reach out to our family law firm today.
Need expert legal advice to sort out your parenting matters? Our Melbourne family lawyers will be able to guide you through this stressful time. Call 1300753666 now to book your free consultation.
As said earlier, both parents are legally responsible for a child under the age of 18 which includes making decisions on their behalf such as health decisions, schooling, religious beliefs, and any other factor affecting the child. A parent’s responsibility remains the same regardless of their situation of marriage, relationship, de facto, or any situation.
Who’s responsible for the child?
The Family Law Act states that both parents are legally responsible for a child under the age of 18 which includes making decisions on their behalf such as health decisions, schooling, religious beliefs, and any other factor affecting the child. A parent’s responsibility remains the same regardless of their situation: whether they are married, in a de facto relationship, or in a relationship at all.
There are no set rules that children must be shared or time spent equally, which means in most cases, it’s best to involve the child or children and inquire about their personal needs. When making child custody decisions, especially through the Family Court, the order will always get prepared with the best interests of the child or children involved.
This can be a difficult time for children and parents alike, which is why our family law firm is here to support you through any eventuality. Our child custody lawyers in Melbourne have experience acting in both a mediation capacity and as representatives in the Federal Circuit Court and Family Court, meaning that we will be able to handle any legal issues as they arise.
In some cases, you may be able to mutually come to an agreement about the care of your children. If this is the case, you may establish a written set of guidelines that outline:
- Who your child lives with
- Who your child can spend time or communicate with
- Who has parental responsibility
- Who is responsible for the maintenance of your child
- Aspects relating to care, welfare, and your child’s development
- Avenues for dispute resolution
Parenting plans are far more flexible, meaning there is room for negotiation and adapting the plan to the children’s needs. Of course, the downside to this is that these are not legally binding and as such may not be suitable for all families. While not enforceable, the court may consider your parenting plan when making their decision if you choose to proceed afterward.
While not necessary to create a parenting plan, you may want to consult our child custody lawyers in Melbourne for advice as to whether this is a suitable avenue for you and your ex-partner so that you do not regret it down the road.
What if we can’t come to an agreement about child custody?
If you’re struggling to agree with what the best interest is of your child or children, then you should seek the legal services of a specialist child custody lawyer in Melbourne. This way, specialized family mitigation, and dispute resolution sessions can help both parents come to a mutually agreeable outcome or compromise.
If you are still unable to come to an agreement, your case will then proceed to court and a judge will make the final decision. Parenting orders are legally binding arrangements for the responsibilities of looking after the child, such as where the child or children will live and the amount of time the child remains with each parent. These types of agreements are best handled through an experienced child custody family lawyer to get the best result.
Parenting orders can either be made based on an agreement that the two parties come to (consent orders) or at the end of court proceedings. These are permanent orders, unless you go through the process to revise them, meaning they are crucial to get right.
With the best child custody lawyers in Melbourne on your side, you’ll be able to put your best foot forward and ensure that you and your family’s best interests are front and centre throughout the process.
If you feel you need help deciding and coming to an agreement with a child custody arrangement, then contact our team today for the support you need. Our team understands each family and situation is unique, and we have the experience to handle all types of custody agreements using our expertise.
At Easton Legal, we do our best to help our clients come to mutual agreements during mitigation to save the emotional time of going to court. Of course, we know that it is not always possible to avoid and we will be by your side throughout the entire court process. We provide the best possible legal representation for our clients, ensuring their voices are heard.
Child custody in cases of family violence
We understand that there may be circumstances that make your case more complicated, such as domestic violence. In such cases, our child custody lawyers in Melbourne will help you to apply for family violence intervention orders and give you the support you require.
Our accredited family law specialists are capable of handling even the most complex family matters and will ensure that the best interests of yourself and your children are always considered.
Any information you share when seeking advice will not be disclosed.
Know that your case is being handled by an experienced team that gets results.
Our lawyers are experts and people too, taking a more human approach to the law.