What Happens If Parents Cannot Agree on Custody in Australia?

In divorce cases, one of the biggest challenges is determining which parent will take care of their children, especially if they can’t agree. Seeking advice from child custody lawyers Perth early in the case can help you know what your options are. Australian family law emphasises the welfare of the child. When a dispute occurs, there is a clear process that is followed.

In this blog, we’ll discuss what happens if you can’t come to an agreement when you’re separating and trying to decide how to care for your children.

What Is Child Custody In Australia?

In Australia, the word “custody” is no longer used in official court documents. The Family Law Act uses the following terms instead:

• Parental responsibility: This refers to parental rights to make decisions concerning the welfare of the child.
• Living arrangements: This relates to living accommodations.
• Time arrangements: This is the amount of time spent with each parent.

While the courts promote co-parenting, there may be times when it becomes necessary to seek legal counsel from the best child custody lawyers in Perth.

Step 1: Taking Family Dispute Resolution (FDR) Steps Towards Agreement Between Parents

Most parents must use the Family Dispute Resolution (FDR) process before seeking any court orders on parenting. The FDR process is a mediation-type procedure that occurs with an impartial person who is fully accredited to use FDR as a mediation process.

The following points are important to remember about FDR:

• In most cases, it is a requirement for a parent to attend FDR.
• It is designed to assist parents to having a mutual agreement with their child.
• It is designed to help parents come up with less confrontational agreements.

If an FDR is successful, court proceedings are avoided. Many family lawyers in Perth WA recommend that FDR is the first step and the most practical and cost-effective means of resolving parenting disputes.

Step 2: Obtaining Section 60I Certificate From The FDR Practitioner

If the parties are unable to resolve their parenting dispute at FDR, the FDR practitioner will issue a Section 60I Certificate that allows either party to apply to the Family Court for orders.

A Section 60I Certificate will confirm:

• Both parties attended FDR but were not able to agree
• Either party refused to attend mediation, or
• The issue was not appropriate for mediation.

The Section 60I Certificate is required for most applications to the Family Court to proceed.

Step 3: The Application in the Court of Family Law

In case the parents are unable to resolve their disagreement in terms of child rearing, it is the choice of either parent to file an application before the Family Court of Australia. Most likely, one of the parties will have to consult top family lawyers Perth to help prepare his/her case.

Court processes generally start with:

• Filing an initiating application
• Filing an affidavit (written evidence)
• Attending interim hearings
• Undertaking any court-ordered mediation
• Final hearing if an agreement hasn’t been reached.

Step 4: Interim Parenting Orders

During proceedings to resolve parenting disputes, the Court can make Interim Orders. An Interim Order is a temporary arrangement that helps provide stability for children whilst you resolve your matter.

Interim Orders may include matters such as:

• Where a child will reside
• How often will they visit you
• How will you communicate with each other

Many of the best child support lawyers Perth express that interim arrangements can affect outcomes, and should therefore be approached carefully.

Step 5: Determining the Child’s Best Interests

The primary guiding principle of the Court is the child’s best interests – this principle governs all decisions made by the Court.

• The child’s relationship with both parents; and
• The benefit of maintaining important relationships, and
• The need to protect the child from harm or abuse; and

Judges weigh heavily on evidence presented (such as expert reports and family assessments) by their lawyers, so Perth child custody lawyers play an important part here.

Step 6: Family Reports and Psychological Evaluations

In disputed cases, the judge can require a family report written by a psychologist or a social worker.

Such a report considers:

• Parenting abilities of each parent
• Psychological/emotional needs of the child
• Suggestions for parental responsibility arrangements

Such reports are considered very influential in determining the final decision.

Conclusion

In the case of the inability of parents to reach an agreement in relation to custody in Australia, there is a definite set of actions that must be undertaken.

Despite the seeming complexity of the procedures, making informed decisions and seeking advice from a reputable family lawyer Perth at the earliest stage will ensure smooth sailing through the process.