Everything you need to know about child custody

When ending a long-term relationship, whether that be a de-facto relationship or a marriage, it can be an extremely difficult time. This can especially be the case when there are children involved. Parents often feel guilty when they are separating and have often stayed in the relationship way longer than they should have purely for the sake of the children.

child custody

Parents often do everything in their power to shelter their kids from the whole experience while still keeping them informed as much as possible. This can be tricky when emotions are high and there are lots of things to figure out such as divorce application forms, child support payments, the division of possessions and much more. It is not uncommon for two parties to not see eye to eye when it comes to ending a relationship and this is where the legal system will often step in.

There are some lucky people out there who manage to settle everything out of the courtroom, but this is extremely rare. Because of this, it is important for both parties to seek professional help in the form of a family lawyer. A family lawyer is a person to go to when wanting to find out how to legally separate, divorce and decide where the kids are going to live and for how long. For example, some parents are happy to share their children half-half, whereas others will decide that the children can stay with one parent every second weekend. It is important to have this agreement in formal writing so both parties can be crystal clear on the requirements, and the children will be able to thrive in a stable environment. Here is a further look at child custody in Australia and how a family lawyer is able to help.

When there are disputes surrounding where a child or children are going to live, there are usually two hearings. It is important to have a reliable and reputable representative for these hearings. The first is an interim hearing and the second is a final hearing.

The first hearing usually occurs a couple of months after an application has been filed with the court. A family lawyer is able to help with this application process and to explain what type of paperwork is needed. In the interim hearing, a judicial officer will hear a submission from both parties and will decide on an arrangement for the children involved until the final hearing. Many different things can factor into the outcome such as if there is abuse involved. The final hearing will require that anyone who has given a sworn statement needs to attend. When it is needed, a Psychologist or counsellor will be spoken to in order for the final decision to be made. After considering all of the evidence and information, the judge will then make their final decision.

This decision will be held in place until the child turns 18, unless otherwise stated by the court. This whole process can be a daunting and stressful process as the courtroom can be a bit of a scary place. In order to have the desired outcomes met, it is crucial to deal with an attorney who has experience in this field. They will understand the language and will know how to best move forward considering everything involved. If there is ever a time where an appeal needs to be made, they are able to help with this and are also able to help organise affidavits. Whatever the severity of the case, or whatever the situation may be, there is always a family attorney out there who is able to help and can best achieve the desired outcome.


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