Child Custody:

When a marriage or de facto relationship involving children breaks down, it can be a traumatic and distressing time for the children. Amongst other things, disputes over property, assets and financial commitments arise. Then there is the dispute over the arrangements for care and contact with the children. Our Family Lawyers and Child Custody Lawyers have experience over a range of child custody issues and can provide you with advice and assistance during this emotional time.

The process for child custody starts with the application for a parenting order. Under section 60CA of the Family Law Act 1975 (Cth) (the Act), the best interests of the child is the paramount consideration in making any parenting order concerning children. According to section 61DA, there is a presumption for equal shared parental responsibility when making parenting orders. That is, it is presumed that the best interests of a child are best served by having equal care and contact with both parents. Of course this presumption is open to rebuttal. Under section 61DA(2) of the Act, the presumption will be rebutted if it can be shown that there are reasonable grounds to believe that a parent of the child has engaged in:

1. Abuse of the child or children; or
2. There is a history of family violence.

There are a number of legal processes that need to be complied with for a parenting order to be granted. If you have concerns with the safety of your child and feel that the presumption should not exist, speak to the Family Lawyers at Navado Lawyers & Solicitors. Under the Act, there is provision for a range of people to make an application for a parenting order, so it is not limited to only the parents of the children. Section 65C(c) of the Act provides a broad definition on who can apply. Persons concerned with the welfare of the children including grandparents and other relatives may also apply for a parenting order. 

If you wish to make an appointment for further assistance, contact us by telephone on (02) 9233 4048 or email us at info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.