Australian Child Custody laws – Know Your Custody Rights

Australian Child custody laws, rules and guidelines are specific. Learn as much as you can and know your rights.
Child custody laws will vary with each country so it is very important to familiarise yourself with the Australian child custody system.
Knowing and understanding this system and how it works will give you an upper hand over your partner or spouse and increase your ability to win a custody case in the event of a divorce or separation.

The  Family Law Act of 1975 or FLA as known in the legal practice is one of four acts of Australian family law.

The Australian Child custody system helps a child who may be involved in a bitter custody battle and headed to the family law court.

What Is Child Custody

Child custody is a term used to describe the legal as well as the general relationship between a parent and the child.

This means that children are in the care of a particular parent and that parent has the legal right to be able to make decisions on the child’s behalf. It is the parents duty and responsibility to take care of the child.

Child support may be required to be paid by the non custodial parent. Professional help may be required from a child custody lawyer or solicitor for advice or to organise custody papers and other legal matters related to custody issues.

The Different types of Child Custody Agreements:

Going through divorce can be a very stressful time. But before you decide to agree on any type of arrangements for your child or their future, you will need to be aware of the different types of child custody agreements that exists.

Sole Custody

Sole custody is where the one parent will have sole control of the child or children involved. Sole custody will be awarded as either sole legal custody or as sole physical custody.

Sole physical custody is awarded when the court deems one parent to be unfit and the other parent is made the custodial parent. With sole legal custody only one parent is given the right to make the decisions on the upbringing of the child or children.

Physical Custody Of Children

The parent with physical custody has the right for the children to live with them. Which ever parent has physical custody, the kids will reside or live with that parent. Physical custody can be shared between parents. Sometimes an agreement will specify joint physical custody. Under this agreement both parents have the right for the kids to live with them for specified periods (certain days of the week for example).

Legal Custody

If you are given legal custody of the kid, this means you have the legal right to make decisions about the kid’s upbringing. This gives the specified custodian the right to decide about things such as the schools they attend, type of religion, any medical care and special needs that may be required.

If the family court award the parents with joint legal custody, this means both parents have to agree on the decisions made on the child’s upbringing.

Joint Custody

Joint custody is awarded when parents have shared or joint custody rights. This agreement will be either joint legal custody or joint physical custody. With joint legal custody both of the parents must agree on decisions relating to the child’s upbringing.

Both of the parents will have the right for the kid’s to live with them under a joint physical custody agreement. Both of the parents will have to share in the decision making(shared parenting) for the kid’s upbringing. The parents both have rights for the child to live with them under physical and joint legal custody.

Unmarried Child Custody

Unmarried or de facto parents will have different issues than married couples who are involved in a divorce custody battle.

The biological father involved in unmarried child custody can often find himself in a battle to gain visitation rights or legal custody of his children. Where as the mother can find herself in the situation where she will be fighting to receive child support from the child’s father.

Child Custody. Frequently Asked Questions

• Who will get custody of the children after a separation?
• Will the mother or wife automatically get custody of the children?
• Can the grandparents get custody of the children in some situations?
• What are the husbands or fathers rights in this situation?
• What are the sole custody or joint custody laws and guidelines?
• Where can I obtain custody papers from?
• What are the child custody laws in relation to my situation?
• Will I have to go to the family law court?
• Will I receive financial child support or child maintenance?
• Where can I obtain information about my child custody rights?
• How does 50 50 child custody or joint custody of children work?
• How can I find a child custody lawyer or solicitor in my local area?
• If I have to go to court in a custody battle how does a judge determine the best interests of the child?

If the custody of a child is awarded to your partner (sole custody) child support, visitation rights or child access will become an issue for you.

Specialist legal help or advice is highly recommended in this situation as solicitors and lawyers know and understand the Australian child custody laws and how the legal system operates.