How custody works depends on a variety of factors, especially if the court makes a parenting order. Today, you rarely hear the term ‘custody’ in court. Instead, you are more likely to hear about “parenting arrangements” and “child contact”. Below, the lawyers at Melbourne Law Studio look at when and how the court decides on child custody arrangements in Victoria.
Under child custody laws, Victoria based parents start with the principle of having equal shared parental responsibility. The courts assume this is in your child’s best interest unless you can prove otherwise. “Legal custody” is assumed to apply to both parents until either a parenting plan is agreed upon or a parenting order is made by the court.
A child custody agreement or parenting plan is a written agreement between parents, covering things like who the child lives with and how they spend time with the other parent. They are typically not legally enforceable and function as a reference for parents on what arrangements have been agreed upon.
A parenting order is a court order that may be used if parents can’t come to an agreement or if there is the potential for physical or physiological harm. Other times, parents may apply for a court order to make an existing custody agreement legally enforceable. It’s best to seek legal advice from a family lawyer if you’re considering applying for a parenting order.
If a parent applies for a parenting order, the court’s most important considerations will be:
If these two considerations conflict, then the latter is given greater weight. The court will also take the specific circumstances into account. This includes everything from extended family dynamics to the financial and practical limitations of certain arrangements.
For child custody lawyers Melbourne and Victoria based parents can count on, visit the family lawyers at Melbourne Law Studio. We can help mediate disputes and guide you through how custody works and the process of determining ideal custody arrangements. Call us today on 03 9021 1421 or contact us online.
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
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