How Can A Family Lawyer Help You Get Full Custody Of Your Child In Australia?

May 3, 2023    Familylawyers
How Can A Family Lawyer Help You Get Full Custody Of Your Child In Australia?

Divorce itself is a daunting process for each member of the family. In this aspect, custody of a child can worsen the situation. The child custody lawyer is there to release your load regarding custody.

As both parents have legal rights over the child, you need to prove to the court that you are capable of rearing your child. The lawyers are capable of doing that.
Hence, the blog has penetrated into a deeper analysis of the duty of the lawyer. It will introduce you to the lawful ways to get custody of your child.

What Is The Basic Concept Of Child Custody?

Child custody is the legal responsibility of the child taken by the parents after their separation. The custody is often shared among both parents, or the law allows only one parent to take care of the child. And the child custody lawyers Perth makes familiar with the formal regulations for a comprehensive proceeding of the process.

Shared Custody

Most commonly, both parents spend equal time with their children. They take over similar responsibilities and contribute equally to the child’s financial needs. The custody is shared by consulting child support lawyers by keeping in mind the basic need of the child. They all together contribute to the future of the child. The future decisions or educational support is provided by both of their parents when the custody remains shared.

Sole Custody

On another note, sole custody is when the child’s responsibility is upon one parent. This is referred to as ‘sole parental responsibility’ in the Australian set of laws. Under this act, the court decides the most appropriate custody for the child based on some factors. A specialised solicitor from the Perth Family Lawyers is more familiar with the regulations made depending on the following factors.

  • The other parent is proven guilty of domestic violence.
  • Child’s interest.
  • Financial condition
  • Ability to rear up.
  • Ability to fulfil the kid’s needs.

Sole custody is granted depending on various elements. If one of them is accused of committing any violence, then considering the safety of your children, possession would be given to the sober person. Similarly, character, financial condition and others are the variables researched before giving sole custody of a child.

If you want custody of your child, then contact the Perth Family Lawyers to know the evidence you need to show in court. This way, you can prepare them ahead of time.

Why Is Sole Custody Given To A Parent?

In sole custody, one parent is legally allowed to make future decisions for the child. The court analyses critical conditions under which the custody of the child would only be suitable if given to a parent.

The court will give regard to the following conditions.

  • Joint parenting will not be as conducive as solo parenting for the child.
  • One parent has a history of inflicting abuse or violence.
  • The company of the other parent can threaten the child’s safety.
  • If the parent is mentally and physically unfit for liability.

In the conditions mentioned earlier, the court grants permission for the full custody of the children to one parent. But the process is the opposite of easy. The court will involve witnesses and proof to gather support against your evidence.

Do you think you deserve sole custody of your child? In that case, the family lawyers Perth WA can help you with the best representations in the court sessions. They have in-depth knowledge about the conditions under which you can be eligible for receiving permission.

What Does The Court Consider While Making The Custody Decision?

The parent who receives full custody is highly responsible for the future of the kid. Hence, the court takes various considerations before selecting the right custody. The child support lawyers will give similar priority to your child and fight for your right to grant custody.

However, the process is incurred for giving your child the best protection possible. But you must know they can even ask a no-adult child about their interest in living with their parents.

The stand of a child custody lawyers Perth is thus extremely crucial for defending your rights in the court hearing. The court makes decisions based on the following factors.

  • The preference of the child
  • The relationship of the child with the parents.
  • Involvement of each parent with the child.
  • Parents’ behaviours towards each other.
  • Child’s maturity.
  • Practical issues.
  • Family violence issues.
  • Cultural considerations

Your past relationship with your spouse and your children has to be outstanding. Your behaviour towards the kid also is a viable factor.

To improve your chances of granting your child custody, you can collect witnesses and evidence that prove the mentioned elements. The family lawyers in Perth WA can help you with organising the evidence so that your time can be saved. They can also guide you in improving the stances that consider your child’s interest.

What Agreement Does The Court Make While Providing Custody Of A Child?

Child parenting is a huge responsibility, especially after a dissolution. Everything around the child suddenly changes. To take the situation under control, the court made two agreements that are mentioned below. You can learn the information in detail from the child custody lawyers.

1. Parenting Plans

This is agreed in writing by the parents. The court can not enforce the agreement. In this agreement, both parents have honoured the child’s care arrangement.

2. Consent Order

This is a court order reached by the parents to formalise an agreement. The parents have decided to legally confirm the parenting arrangements for the child through a mutually agreed-upon consensus. This is legally enforceable.

In both cases, the family lawyers in Perth WA can provide you with legal grounds to represent the agreements in the court hearing.


In conclusion, the family lawyers in Perth WA have exceptionally skilled lawyers. They have managed several cases relevant to you. Hence, they would be the perfect pick for you if you want custody of your child. They can help you with collecting evidence and proving them near the judges.

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