Raising a child is never easy. Right? It becomes even more complex when parents separate and have to decide what to do regarding the future of their wards. Both parents should be aware of their legal rights and available choices, as disagreements on custody, visitation, and obligations could cause parenting disputes in Victoria.
What Is Parenting Conflicts
A parenting conflict occurs when parents are not able to be on the same page about the raising of their kids. These often include choices over accommodation, education, medical treatment, as well as other crucial aspects of the children’’s upbringing. The child’s best interests should always come first, not personal grudges.
Legal Framework for Parenting Conflicts
The Family Law Act 1975 is the legislation that outlines the legal framework to follow in parental conflicts in Australia. Provided it is in the child’s best interests, the law motivates both parents to share responsibility for their children. In case parents are unable to agree, the court may intervene to decide on the most appropriate parenting arrangements in Australia, considering numerous criteria, including:
- The child’s welfare and security
- The child’s perspective, based on their age and level of maturity
- Every parent’s capacity to fulfil the requirements of their kid
- The present relationship the kid has with both parents
Family Law Custody in Victoria
In opposition to popular assumption, Australian law does not use the term “custody.” Instead, family law custody in Victoria is referred to as “parental responsibility” and “living arrangements.” This encourages both parents—even after separation—to actively participate in the lives of their children.
The court may, however, give exclusive parental authority to the other parent in case one parent is found to be unfit to take care of the child. This is because of negligence, abuse, or other major problems. Under such circumstances, the parent bearing sole responsibility can make key decisions without consulting the other.
Child Custody Legal Rights and Responsibilities
Unless specific orders are made and approved by the Court to the contrary, both parents have equal rights to be involved in the lives of their kids. Parents have to be sure their child has a secure home, emotional support, and good treatment.
Legal action could be required in case one parent breaks an agreement, refuses to cooperate, or keeps the other from seeing the children . Knowing child custody legal rights can enable parents to make wise decisions and prevent unreasonable conflict and stress.
Family Mediation: An Alternative to Court
Attending court may take time, money, and emotional toll. Fortunately, mediation is one of the several ways to settle disputes. Victoria’s family mediation services offer a disciplined setting where both parents may address their issues and attempt to come to a solution.
Usually, it is the best method because it:
- Promotes honest conversation.
- Minimises parent animosity
- Gives the parents control over decisions instead of the court.
- Save legal fees and time.
Unless there are extreme circumstances, including domestic violence or child abuse, the court often recommends that parents try mediation before moving forward with a judicial case.
When Should You Consult Lawyers?
While some parental conflicts may be settled peacefully, others could call for professional help. Seeking legal guidance is absolutely vital in the following circumstances:
- High-conflict disagreements for which mediation has failed
- Issues concerning the welfare or safety of children
- A parent violating agreements or judicial directives
- Relocation conflicts wherein one parent wants to move away with the child.
Understanding the complexity of family law, at N and C Legal Group, we aim to assist parents in resolving conflicts with the least disturbance. Our staff provides customised legal guidance and workable solutions to guarantee the best result for your kid and yourself.
How We Can Help
Every youngster, in our opinion at N and C Legal Group, should live in consistent and encouraging surroundings. We are available to assist with drafting legally binding agreements, court representation, or mediation aid, depending on your need. Our seasoned family lawyers will walk you through the procedure so that your rights—including those of your child—are safeguarded.
If you are in a parental conflict, do not wait until things get more heated. For professional legal counsel and sympathetic help right now, get in touch with N and C Legal Group.