Divorce is an unfortunate but very real possibility in any marriage. Unless a pre-nuptial agreement has been signed, a married partner has equal legal rights to the assets and belongings of the other partner. If the couple has children during their marriage, they will have to deal with the question of the children’s future and the decision of the competent legal authority.
In Australia, the Family Law Act 1975 establishes the principles for determining child custody and the procedures for enforcing them. Even so, many married and separated couples are unaware of these regulations. Before filing a claim in court, it is best to speak with experienced child support lawyers.
Divorce Causes And Child Custody
After the Family Law Act of 1975, which mandated the irreversible breakdown of the marital connection as the only viable cause for divorce rather than the previous fault-based system, the foundation for awarding divorce to a married couple has altered. The divorce rate rose until 1980 as a result of these changes. Divorce rates, on the other hand, have steadily dropped over time. Over forty years, the crude divorce rate fell from 2.7 per thousand people per year to 2 per thousand people per year. Divorce’s long-standing stigma has also faded significantly.
With the Family Law Act of 1975, the basic boundaries of child custody were altered — the kid is no longer automatically transferred into the mother’s custody. The court considers both parents’ situations and other connected factors in order to protect the child’s “best interests.” The legislation states that a child has a right to a close relationship with both parents and that parents must protect their children from family violence, harm, and manipulation.
According to data, moms have received a higher number of custody orders than fathers, receiving 45 percent of sole parenting rulings compared to only 11 percent of fathers. The court, on the other hand, encourages interaction with both parents. Court-ordered restrictions on one parent, as well as contact with one parent only under supervision, are extremely unusual (3 percent) (4 percent ). The greatest teams of child custody lawyers in Perth can provide you with comprehensive information. They will provide you with an accurate assessment of your circumstances and recommend legal options to help you enhance your case.
Misconceptions About Australian Child Custody
Child custody law is largely concerned with the children of a divorced spouse. The decision to provide the best benefits to the child is dictated by the stated philosophy. As a result, if it is in the best interests of the child, the court can depart from the ideal of “equal shared parental responsibility” and decree a unique parenting arrangement. However, not all parenting problems require the services of a family lawyer; only 3% of them have gone to court. Typically, the court is concerned with complex and significant matters such as domestic violence, child safety, or other difficulties that contribute to substance misuse and mental illness. As an excellent family lawyer can tell you, not all information you hear about child custody in Australia is accurate. Here are some common child custody misconceptions in Australia, along with their explanations:
Parents Have The Authority To Make Decisions About Their Children.
It is a prevalent belief that following a divorce, the parents have the right to decide on their children’s future and welfare. It is legally erroneous since, according to the principles of the Convention on the Rights of the Child and the Family Law Act 1975 (Cth), both parents and children have obligations and rights. According to the Convention, they are entitled to the following privileges:
- Children have the right to be looked after and have their best interests taken into account.
- They are entitled to live.
- The youngsters must be cared for in accordance with their ability.
- They must be protected from all types of discernment by the children.
- They have the right to be protected from harm; they have the right to know and be cared for by their parents, and they have the right to maintain personal relationships and uninterrupted communication with both parents unless it is in the child’s best interests.
- They can freely share their opinions on any subject, which may disappoint the youngster if the child is gifted at formulating opinions.
Both parents are equally accountable for the growth and raising of their children, as well as making decisions that influence their lives, according to the Convention and the Family Law Act of 1975. Furthermore, as Family lawyers Perth will explain, the parents must fulfill all obligations, authorities, accountability, and rights relating to their children (section 61B of the Family Law Act).
In summary, the children’s opinions will matter, and the court will take them into account when deciding on custody rights