What are the Key Areas Surrounding Child Custody?

In situation where the parties have equal shared responsibility, there are several “core” areas which the parents must communicate and ultimately agree on which affects the child or children. These core areas are known as the “major long-term issues”. Whilst the definition of “major issues” is not meant to be exhaustive, the five most common areas relate to the child’s:nn1. Education (both currently and future needs);n2. Religious and cultural upbringing (this is particular a sensitive issue when parents are either of different denominations or ethnic cultures);n3. Health (which includes decisions such as whether to vaccinate, immunise or conduct other medical procedures);n4. Name; andn5. Living arrangements which would significantly impose difficulty for one parent to spend time with the child (where one parent wishes to move interstate, or even further domestically).n

What can we do for you across the range of parenting matters?

We can assist you across a range of parenting matters, including:n1. Relocation and removal of children from care;n2. Child Support Payments;n3. Accessing Family Dispute Resolution and Certificatesn4. Living, Travel, and Holidays arrangements for children;n5. Time spent with extended family members; andn6. Parenting arrangements.n

What is the primary consideration of child's interests accounted by court?

When determining child custody arrangements, the Court will account for the primary consideration of the child’s best interests which include:n1. The benefit of the child having a meaningful relationship with both parents;n2. Importance for children to spend time with and communicate with both parents on a regular basis; andn3. The need to protect the child from physical or psychological harm or exposure to abuse, neglect or family violence.n

Can one parent move their children overseas against the other parent’s wishes?

Under Australian law, the Family Court will not allow one parent to move their children interstate or overseas against the other parents’ wishes. If one parent attempts to do so, there are numerous methods of preventing this from happening. Some of the most common methods include restraining passports to be in the possession of the parent through surrendering them to the Court, or,seeking orders which restrain the removal of children from Australia by requesting the AFP to assist Airport Watch.n

Where the children should live in the event of a partnership separation?

if children are born overseas to a couple, there are no steadfast rules determining where the children should live in the event of a partnership separation. The recent story of Melissa George is an example of how international relationships can go southward quickly. In the case of George, the children were born in France to a French father and therefore have citizenship in the country. Therefore, unfortunately for Melissa, the court is unlikely to impose an order allowing for them to be removed.n

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Name: Key Areas of Child Custody | Child Custody Lawyers in Brisbane
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