While the word ‘custody’ is not a legal term in Australia, it is a widely understood term that helps us to explore the subject without using too much legal jargon. For the purposes of this article, we use the word ‘custody’ to mean parental responsibility following separation.
A separation or divorce custody agreement for children can be informally agreed upon by parents, outlined in a signed parenting plan or formally made into court orders. If parents cannot come to an agreement, an application to the court can be made to determine appropriate parenting orders. Below, the family lawyers at Melbourne Law Studio look at how the court determines a custody agreement in Victoria.
The court is required under family law to ensure a child has every opportunity to maintain a meaningful relationship with both parents. This is one of the primary considerations when deciding on a custody agreement for the child. Of course, this will be influenced by the current and previous relationship between each parent and the child, the role of each parent in the child’s life and any unique circumstances that are relevant.
For any post-divorce custody agreement, protecting the child’s safety is given greater weight if it conflicts with allowing meaningful parental relationships. Understandably, preventing physical or psychological harm, neglect, abuse or family violence is the top priority.
If a child specifically expresses their wishes about custody arrangements, that will also be taken into consideration. It will depend on the age and maturity of the child, however. Their ability to understand the situation will influence how much weight is given to their preferences.
The court will also consider how any new custody arrangements may impact the child. For example, separating them from a parent they have been living with for a while, or how new custody arrangements might remove them from any important existing social, financial, educational and/or cultural environments.
Every post-divorce custody agreement is approached differently depending on the unique family circumstances. If you are preparing for a divorce or separation and have more questions about how custody works, book a free 15-minute consultation today with the family lawyers at Melbourne Law Studio. Call us 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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