How Mediation Can Help Resolve Child Custody Disputes in Australia?

September 20, 2023    Familylawyers
How Mediation Can Help Resolve Child Custody Disputes in Australia?

In Australia, disputes related to child custody can be legally and emotionally complicated. It will lead to countless challenges for families undergoing divorce or separation. The mediation lawyer in Perth have said that these disputes should be resolved at all costs.

That way, it can help ensure the best interest and well-being of the children/child involved. Although the Australian courts follow the traditional process to resolve these types of disputes, the process of “mediation” has become a lot more effective and is also highly valued.

Mediation plays a massive part when it comes to resolving disputes related to child custody on Australian soil.

It’s highly crucial to have a good understanding of mediation so that one can easily solve child custody-related disputes once and for all.

Things to Know about Mediation

Many of the Mediation Lawyers in Perth have suggested many of their clients choose the mediation process to resolve disputes related to child custody. The process will surely enable the children and the parents to benefit greatly from it.

  • It’s because mediation can facilitate constructive and open interaction between the parties, which will, in return, enable them to work together. This will help them develop agreeable solutions. Mediation is viewed as a non-adversarial method.
  • It emphasises the best interests and requirements of the children among all the things. When parents opt for this process, they can maintain control of the entire decision-making process instead of allowing the court to take care of it.

This particular approach will also foster an amicable and cooperative setting, which will help lessen the hostility and tension between the parties. Furthermore, medication is also a cost-effective and time-efficient process when compared to court battles.

Types of Child Custody Arrangements in Australia

Australia has several kinds of child custody arrangements, which are handled by all the professional Child custody lawyers in Perth effectively. All these arrangements are created according to the unique situations of all the child custody cases.

In this section, one will learn about the common sorts of arrangements in Australia. These are:

1. Joint Custody:

This type of custody enables both parents to share the responsibility for making all the main decisions when it comes to the upbringing of the child. Joint custody will also enable both parents to spend time with the child.

2. Supervised Visitation:

If there are some concerns related to the safety of the child, supervised visitations stand out as an ideal choice. These visitations are arranged by a 3rd-party.

3. Sole Custody:

Through this arrangement, one parent is given the responsibility to take care of the living arrangements, decision-making and care for the child. The other parent, on the other hand, will only have visitation rights.

4. Primary Custody with Visitation:

The primary custody is provided to one parent, and the other parent will only get the visitation rights.

5. Split Custody:

In cases where there are several children, each of the parents will gain the primary custody of more than one child.

The Advantages of Mediation for Child Custody Disputes

Even though parents can opt for the mediation process by taking the help of the child support lawyers in Perth, mediation can also shower parents with multiple advantages, which are:

1. Customised Solutions:

Through mediation, parents will get the chance to develop personalised and creative custody arrangements. These arrangements will help address all the interests and requirements of their children/child.

2. Privacy and Confidentiality:

The mediation process can offer a confidential environment. Here, all the parents will get the chance to discuss openly about their interests and concerns without the public exposure.

3. Time and Cost Efficiency:

In mediation, parents don’t have to attend too many sessions, and it’s less expensive compared to all the court battles. Mediation will certainly enable the parents to reach a specific resolution effectively.

4. Control and Empowerment:

Compared to court litigations, where all the decisions are made by the judge, mediation will give parents the power to take part in the decision-making work actively. Parents can also make all the arrangements that will match their needs.

5. Preserving the Relationships:

Mediation can lead to healthy cooperation and interaction. It will also make the parents foster a constructive and positive setting through the “co-parenting” technique. This is surely beneficial for both the children and the parents.

Performing the Mediation Process: Steps to Follow!

There are some unique steps that all the Best Family Lawyers Perth follow when it comes to the mediation process. Let’s find out what these steps are:

1. Preparing for the Mediation

To properly prepare for the mediation, it’s important to collect all the crucial documents and information. Parents must gather all the documents and information related to the child custody case. Some of the documents and information that parents should gather are:

  • Legal documents related to prior court agreements or proceedings
  • Medical information
  • School reports
  • Monetary records

When the parents get to organise all the information before the mediation process, it will lead to a focused and productive session.

2. Choosing a Reliable Mediator

To make sure that the mediation process goes smoothly, it’s vital to select the correct mediator for it. You can choose the best Family lawyers in Perth WA, who will play the part of a 3rd party, encourage the interaction, and help parents reach a mutual agreement.

When a mediator gets selected, he/she should check their expertise, experience and qualifications in the area of child custody and family law-related matters.

Hiring a mediator who is well-versed in the legal framework of Australia and has a good track record of positive results will improve the opportunity to reach a favourable resolution.

3. Conducting Mediation Session

Participants and the structure involved in the mediation sessions will occur within a private and neutral environment. This type of setting will promote an atmosphere that encourages open interaction and a reliable mediator.

The mediator will conduct the conversation, make sure that there is fairness, and assist the parents in finding out all the best solutions for their child/children.

The mediation session will enable all parents to express their parenting arrangements and concerns and foster a productive discussion and interest effectively.

Wrapping Up

The mediation process has become an essential option for parents who wish to avoid all the lengthy court battles. They can express and discuss all their parenting-related concerns through the mediation session, which can help get a positive outcome.

One can easily speak with the Family Lawyers to gain more information about mediation and how they proceed further for the sessions.

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