Child custody is a major area of concern when family disputes take place. Most importantly, it is being viewed as a controversial topic. Many people feel that mothers are more favored by the law and that fathers get the short end of the stick.
Well, when a family lawyer Adelaide defends a case on behalf of his client, the objective is to get the maximum benefit. But what does the law say about the right of custody of a child? Let’s understand.
The family Law Act
There is a Family Law Act, 1975 that defines the child custody laws. This act has 15 sub-sections, and it is the main legislation in Australia. It looks after many aspects of family disputes, including parenting arrangements and financial maintenance involving kids of separated or divorced de facto couples.
A case of divorce becomes complicated when children are involved. A child custody lawyer Adelaide will closely work with the client and ensure that the client gets the best child support.
As per the latest amendments in the year 2006, the law says that:
- There is a progression towards compulsory mediation.
- There is more importance given to the family and social connections of the child.
- There is a great examination of issues that involve family violence or neglect or child abuse.
- It says that both parents have equal parenting responsibility. However, it doesn’t mean equal parenting time.
- It ensures that both parents remain meaningfully involved in the life of their child after separation as well.
When a custody lawyer Adelaide defends the case for divorce or separation, he tries to use the Family Law Act for the maximum benefit of the children.
What does a separating parent need to know?
All matters related to children are determined by the fact that who will they “live with” and “spend time with”. As stated earlier, these are two independent things.
Both parents are responsible for the care of the children (including financial upkeep).
In the definition of parental responsibility, it includes the ability to make decisions in the daily care and welfare.
Adoptive parents also have equal rights as biological parents have.
The responsibility is shared half, but there is no guarantee of half split in time shared with children. The right of the parent to see the children can be totally revoked if there is evidence or history of domestic violence or sexual abuse.
Court decides it based on the principle of “in the best interest of the child”.