Going Through A Divorce? Find Out How Child Visitation Is Determined In Australia.
When a relationship breaks down, it is difficult to begin the division of assets process. Even more difficult, is deciding on how to best ensure the welfare of the children. If you are unsure what options might be available to you when it comes to the issue of child visitation, or just want to know more, we have put together some brief introductory pointers about child custody in the case of divorce.
When it comes to child visitation rights, the Australian law stipulates that an agreed upon agreement regarding child visitation be made through a Family Dispute Resolution, which requires both parents to come to an agreement that will be in the best interest of their child, or children.
If the parents do not, or cannot come to an agreement, the case will go to the Court.
Any dispute regarding child custody, and where the child or children will live, will first be handled regarding Section 65E of the Family Law Act 1975. During this phase, an interim and final hearing take place.
During the interim hearing, affidavits and other statements will be read, and during the final hearing, cross-examined, along with statements of court-appointed specialists like counsellors, psychiatrists, or other, as needed. At the conclusion, the judge will render a verdict based on the evidence given to him or her, that is focused on providing the child, or children with the best possible outcome.
It is important to remember that the court, when making a parenting order that relates to the child, or children, will always make an order that is in the best interest of the child.
There are various factors that are considered when the best interest of the child is determined, and these often vary from case to case. It is recommended that you ensure your family lawyer provides you with assistance during this time.
It is important to know that each child custody case is unique, and that these general guidelines only serve to provide you with information, and does not constitute legal advice. If you need help with matters pertaining to child visitation rights, please do not hesitate to contact us today.