After divorce! A critical situation- who will get children custody?

April 6, 2019    Familylawyers   
After divorce! A critical situation- who will get children custody?

While many of us go into a relationship or marriage with the best intentions in mind, but sometimes the situation of divorce may arise.

If you are getting divorced, then you are not alone as there are many marriages in Australia that actually end up in divorce. In fact, as per statistics, in 2017, the divorce rate in Australia is 2 divorces per 1,000 people.

While it is true that since the implementation of no fault divorce under the Family Law Act in 1975, the number of divorces per 1000 people has dropped from 4.6 divorces to just 2 in 2017, there are many couples who file for divorce every year.

Planning to divorce your partner is not an easy decision if you are a parent. Parents are the most important people in a child’s life and their decision will have a huge impact on a child.

In fact, when you file for divorce, the biggest question that arises is “Who will get children custody?” According to statistics, in 2016, 46% of all divorce cases in Australia involved children.

Keeping in mind the trauma and sufferings that a child has to go when their parents file for divorce, in 2006 the Australia’s Family Law Amendment (Shared Parental Responsibility) Act came into force.

The Family Law Amendment Act dramatically changes Australia’s child custody law and it put more stress on children to have a meaningful relationship with both their parents and to be protected from harm. The law also encourages parents to equally share responsibility for their children, after separation.

To understand the Australia’s Family Law Amendment (Shared Parental Responsibility) Act contact best family lawyers in Perth. At Family Lawyers Perth, you can get the best advice on child custody from experienced family lawyers and they can help you in making a wise decision.

Child custody lawyers in Perth have proper knowledge of the Australia’s Family Law Amendment (Shared Parental Responsibility) Act. When it comes to child custody, family lawyers keep certain points in mind. Such important factors include:

  • When the parents of a child under the age of 18 years decide to separate, they have to share parental responsibility for the child. Known as ‘Equal Shared Parental Responsibility’, here the parents share the responsibility for making decisions regarding where a child will go to school, major health decisions, and religious observance.
  • In child custody, emphasis on given on parenting time. Here after thorough discussion, parents can come to their own decision regarding where a child will live, and how they will spend time with their parents.

Once the decision is made on the future arrangements for children, child custody lawyers in Perth can aid you in making a parenting agreement or obtain ‘consent orders’ for parenting orders approved by a court.

  • At Family Lawyers Perth, child custody lawyers keep the best interests of the child in mind. They discuss in details regarding the interest of the child with the parents.

Most of the times separated or divorced parents successfully agree on what the lawyers suggest. However, if parents can’t agree, specialist family mediation services are offered to help parents agree or compromise on things that can impact a child’s future.

If needed, child custody lawyers will leave the decision to be made by a judge in a family law court in accordance with the Family Law Act.

  • Best family lawyers in Perth always give stress on how and who will take financial responsibility for children. Lawyers can discuss the matter with the parents and prepare a draft highlighting who will support the child financially; regardless of with whom the child lives after the separation.

If parents do not agree, they can apply for a child support assessment. The Department of Human Services manages the child support program, and aid parents to provide support for their children.

  • Best child custody lawyers in Perth always think about the child’s wellbeing. The lawyers have clear idea as how difficult it can be for children when their parents separate. Hence, they help parents to focus on what is best for their child right now, and even in the future.

The lawyers help prevent any kind of situation where a child have to choose between their parents.

If you are filing for a divorce and worried about child custody, always search for “family lawyers near me”, so that you can get the best service and have a hassle free solution.

Contact Family Lawyers Perth today to get positive outcome in child custody cases in the court of law.


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