The nature and history of the child's relationship with each parent. The current and previous relationship between the parent and child and the role of the parent in the child's life will be factored into the decision making process.
Keep copies of your communication and correspondence with the other parent. The evidence often offered in today's child custody trials includes copies of texts and e-mails of the parties. Other common evidence includes the parties' income information (often tax returns and paystubs), photos and sometimes calendars.
Best interests of the child
If parents still can't agree, a judge in a family law court will make a decision. The judge's decision will be based on the best interests of the child in accordance with the Family Law Act.
What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
50:50 care can also be considered naturally fair in financial terms. We know that parents with higher incomes tend to spend more on their children. So, in a 50:50 care situation, the parent with the higher income would normally spend more. That happens without the need for forced payments.
The most common co-parenting 50/50 plans include 2-2-3, 3-4-4-3, 2-2-5-5, and alternating weeks. However, some more uncommon arrangements also exist, like alternating custody every two weeks.
To demonstrate that someone is an unfit parent in Australia and thereby subject to being disallowed contact with their child, the Court will evaluate a number of potential factors, including the parent having: A history of violence or abuse (this can be either physical or psychological) Substance abuse issues.
A mother could lose custody if the court decides that she is incapable of offering a secure and consistent environment for the children. Although unemployment may play a role in this verdict, it is not the sole determinant and does not immediately lead to the loss of custody.
Similarly, try not to question children about what took place during their interviews or ask what they said. Please do not tell children what to say in the interviews. Even saying to a child that they need to “tell how they feel” can be unhelpful.
AIFS found that fathers gain sole custody in about 10% of all cases, fathers are the primary custodial parent in about 11% of cases, and fathers share custody in about 7% of cases.
There is no set age at which a child can choose who they live with, or choose when (or whether) they see the other parent. A child is legally a minor until he/she turns 18.
In Australia, if you and the other parent cannot come to an agreement on custody, then either parent can apply to the court for a custodial order. Before making a decision, the court will need to be satisfied that such an order is in the best interests of the child.
Ideal custody witnesses are witnesses who typically are neutral: teachers, coaches, medical providers; parents of the children's friends.
Examples of unfit parents include those who have drug or alcohol problems and foster an unsafe living environment as a result or a parent with a mental illness who is unstable.
A custody lawyer in Australia generally will charge between $350 – $650 per hour. A custody matter could cost between $5,000 – $10,000 if the matter is kept out of court. If the matter ends up in court, it could cost $20,000 – $80,000 on the very high end of things. Most matters do not end up costing that much.
A mother cannot deny a father access to their children in Australia. There is a presumption of equal and shared parental responsibility. Only an order from a local court, Federal Circuit Court or Family Court of Australia would be able to stop a father from accessing their children in Australia.
Controlling parenting – otherwise known as authoritarian parenting – is a style of parenting in which one (sometimes both) parents keep close tabs on their children's lives, over-involving themselves where they can. Parents like this tend to be overly focused on their own needs rather than the needs of the child.
What is Malicious Parent Syndrome? Malicious Parent Syndrome (MPS) is a type of vengeful behavior exhibited by some divorcing or separated parents. It occurs when a parent deliberately tries to place the other bad parent in a bad light and harm their child's relationship with them.
Joint custody is the most common type of child custody arrangement. But there are different types of joint custody. And in some cases, sole custody may be the best solution. Here's what to consider when negotiating child custody.
50/50 schedules can benefit a child because the child spends substantial time living with both parents. This allows him or her to build a close relationship with both parents, and to feel cared for by both parents. 50/50 schedules work best when: The parents live fairly close to each other, so exchanges are easier.
You should also give your child's social activities and commitments priority whenever possible. Some common custody schedules for 5- to 13-year-olds are: An alternating weekends schedule with a midweek evening visit. An alternating weeks schedule where the child alternates weeks with each parent.
Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there.