Where can I obtain information about my child custody rights? Donec sed odio dui. It is important to note that while child custody is a common term, this term is not specifically used in Family Law in Australia. Australia's Family Law Amendment Act emphasizes children having equal time with their parents, or, if not equal time, then substantial and significant time. In Australia, shared parenting laws were introduced in 2006 but have been widely misinterpreted over time to mean that parents automatically have a right to 50:50 shared care of their child. These terms are no longer used in Australian family law. The childs best interests are ascertained by a consideration of the objects and principles in s 60B and the primary and additional considerations in s 60CC. When you are familiar with these laws, you can create a child visitation schedule that is in compliance with these federal laws. The terminology which is now often used in the Family Courts and in the context of family law is who the child ‘lives with’ and who the child … In some situations the husband and wife can come to an agreement or compromise in respect to who will get the custody of the children. That presumption must be applied unless there are reasonable grounds to believe that a parent or a person who lives with a parent has engaged in abuse of the child or family violence (s 61DA(1) and s 61DA(2)). The laws in Australia are relatively straight-forward. There is no rule that children must spend equal or "50:50" time with each parent. Sending an email does not create an attorney-client relationship or contractually obligate The Law Office of Jeremy D. Morley to represent you, regardless of the content of such inquiry. These laws pertain to child custody and visitation. If I have to go to court in a custody battle how does a judge determine the best interests of the child. Nulla vitae elit libero, a pharetra augue. (Click to find your country), IMPORTANT: WE REQUIRE SPECIFIC INFORMATION ABOUT YOUR SITUATION OR WE WILL NOT BE ABLE TO RESPOND. How does 50 50 child custody or joint custody of children work? 7. Is this information true? The concept of substantial and significant time is defined in s 65DAA to mean: (a) the time the child spends with the parent includes both: (i) days that fall on weekends and holidays; and, (ii) days that do not fall on weekends and holidays; and. Country-by-Country Information About Child Abduction and Divorce, Lehn v. Al-Thanayyan: Expert Testimony, Jeremy Morley, Child Abduction, Kuwait, HOW TO WIN A HAGUE CONVENTION CHILD ABDUCTION CASE, THE FUTURE OF THE GRAVE RISK OF HARM DEFENSE IN HAGUE CASES, International Prenuptial Agreements: Necessary but Dangerous, Australian Child Abduction and Relocation Problems, Australia's Shared Parental Responsibility Act, Australia Divorce Law Robs Talented Spouses, The Hague Abduction Convention in Australia, Australia: Tug-of-Love Orders Risk to Children, The Supreme Court and the Hague Abduction Convention, Expert Testimony in International Family Law Cases, Comparing Divorce Jurisdictions in International Family Law, How to Win a Hague Convention Child Abduction Case. There are no hard and fast rules about making arrangements for which parent a child will live with or spend time with after their parents separate. I recently caught up with a friend (born and bred Australian) who told me he was divorced and in a custody battle for the children from the union. Child custody and parenting ‘Child custody’ is a term which is still widely used in the public for a child’s (or children’s) living arrangements and care arrangements. Let’s start with some context around the Family Law Act, 1975. Child custody laws will vary with each country so it is very important to familiarise yourself with the child custody system. The Act provides guidance as to the meaning of substantial and significant time (ss 65DAA(3) and (4)) and as to the meaning of reasonable practicability (s 65DAA(5)). The original 1975 Act and subsequent amendments. 5. Unless the Court makes an order changing the statutory conferral of joint parental responsibility, s … Will I have to go to the family law court? Who will get custody of the children after a separation? We will get back to you shortly. 3. The presumption may be rebutted where the Court is satisfied that the application of a presumption of equal shared parental responsibility would conflict with the best interests of the child (s 61DA(4)).