Under Australian family law, children have the right to have a healthy and significant relationship with both their parents while being protected from harm. In order for this decision to be made, the court requires relevant information and takes into account the best interests of the child.
What is child custody?
“The term applied to the support and control of a child that is determined by the court when the parents of the child are divorced or separated.”
The primary considerations made by the court include:
Myth #1: Parents Have a ‘right’ to their children
This is not true, as parents do not necessarily have the ‘right’ to their children. They rather have the obligation to care for and financially maintain them. However, in terms of rights, they do not have the right to spend time with their children. In fact, the children have all the rights in this scenario.
One of the most important rights a child has is the entitlement to have a meaningful relationship with both parents. Mothers and fathers are obligated to assist a child’s right to have a meaningful relationship with their mother or father, ensuring it is safe and healthy.
Myth #2: A parent does not have to facilitate a relationship between a child and their other parent if the other parent doesn’t pay child support
This is also incorrect. A parent should facilitate a relationship between a child and their other parent even if they haven’t paid child support. As mentioned above, the two most important considerations are ensuring children are safe and have a healthy relationship with their parents. Child support is a financial issue that should be solved between parents. A child shouldn’t be used as an excuse for personal gain or placed in the middle of the issue.
Myth or Truth: A child can decide who they live with when they turn 12
This is neither true or false. There is no law that outlines a particular age on when a child can decide their parenting arrangements. In this situation, children that are over the age of 12 and can make informed decisions. If children show their dissatisfaction when spending time with a parent and refuse changeover, this reveals that it is not in the best interest of the child for the parenting arrangements to continue.
Parents will either try and agree on other parenting arrangements or sometimes they may be stubborn, insisting that the existing arrangement continues, which causes a great deal of grief to the child. In these circumstances, sometimes the only solution is for Court proceedings to be initiated so that new parenting arrangements can be ordered. However, a court won’t just simply make new parenting arrangements. They must first be convinced of the arrangements and ensure that they are best for the child.
The court usually makes its decision by having sufficient evidence. One crucial piece of information the court requires is the ‘Family Report’, which is a written report compiled by a neutral court expert. This person usually interviews both parents separately, interviews the child and observes the parents with the children.
A child’s wishes are usually conveyed to the court through the Family Report. So, if a child expresses that they no longer want to live with a particular parent, a Family Report may recommend that such arrangement be ordered by the Court.
In essence, there is no age when a child can make a decision. Rather it is more so when they are mature enough to make informed and rational decisions.
Child support/custody lawyers can help you with your case. If you’ve recently been divorced and having trouble making parenting arrangements, it is recommended that you seek professional advice from family lawyers Sydney.
Don’t make the issue more complex than it is and get help. Child support lawyers in Sydney will be able to provide you with legal advice and guidance on what you should do.
What is child custody?
“The term applied to the support and control of a child that is determined by the court when the parents of the child are divorced or separated.”
The primary considerations made by the court include:
- The benefit to the child of having a meaningful relationship with both of their parents
- The need to protect the child from physical/psychological harm as well as being subjected to, or exposed to, abuse, neglect or violence
Myth #1: Parents Have a ‘right’ to their children
This is not true, as parents do not necessarily have the ‘right’ to their children. They rather have the obligation to care for and financially maintain them. However, in terms of rights, they do not have the right to spend time with their children. In fact, the children have all the rights in this scenario.
One of the most important rights a child has is the entitlement to have a meaningful relationship with both parents. Mothers and fathers are obligated to assist a child’s right to have a meaningful relationship with their mother or father, ensuring it is safe and healthy.
Myth #2: A parent does not have to facilitate a relationship between a child and their other parent if the other parent doesn’t pay child support
This is also incorrect. A parent should facilitate a relationship between a child and their other parent even if they haven’t paid child support. As mentioned above, the two most important considerations are ensuring children are safe and have a healthy relationship with their parents. Child support is a financial issue that should be solved between parents. A child shouldn’t be used as an excuse for personal gain or placed in the middle of the issue.
Myth or Truth: A child can decide who they live with when they turn 12
This is neither true or false. There is no law that outlines a particular age on when a child can decide their parenting arrangements. In this situation, children that are over the age of 12 and can make informed decisions. If children show their dissatisfaction when spending time with a parent and refuse changeover, this reveals that it is not in the best interest of the child for the parenting arrangements to continue.
Parents will either try and agree on other parenting arrangements or sometimes they may be stubborn, insisting that the existing arrangement continues, which causes a great deal of grief to the child. In these circumstances, sometimes the only solution is for Court proceedings to be initiated so that new parenting arrangements can be ordered. However, a court won’t just simply make new parenting arrangements. They must first be convinced of the arrangements and ensure that they are best for the child.
The court usually makes its decision by having sufficient evidence. One crucial piece of information the court requires is the ‘Family Report’, which is a written report compiled by a neutral court expert. This person usually interviews both parents separately, interviews the child and observes the parents with the children.
A child’s wishes are usually conveyed to the court through the Family Report. So, if a child expresses that they no longer want to live with a particular parent, a Family Report may recommend that such arrangement be ordered by the Court.
In essence, there is no age when a child can make a decision. Rather it is more so when they are mature enough to make informed and rational decisions.
Child support/custody lawyers can help you with your case. If you’ve recently been divorced and having trouble making parenting arrangements, it is recommended that you seek professional advice from family lawyers Sydney.
Don’t make the issue more complex than it is and get help. Child support lawyers in Sydney will be able to provide you with legal advice and guidance on what you should do.
Comments
Post a Comment