Some ways in which a dispute can be resolved…
Disputes can be resolved and settled by:
- Making a written agreement between parents. Having a lawyer review and settle the agreement is useful to ensure all common and relevant aspects of custody are included in the document.
- Obtaining an agreement via mediation or formal Family Dispute Resolution process.
- Obtaining a court order from the Federal Circuit Court of Australia.
Family Dispute Resolutions
All parties involved in a parenting or custody dispute must attend a Family Dispute Resolution if their dispute goes to court. Family Dispute Resolution is designed to resolve custody and parenting issues our of court. We can assist you to prepare for the process. Ideally, you will want to know what a judge would be likely to order for you – so that you can seek that at mediation (and save further stress and cost).
You can also voluntarily engage in the Family Dipsute Resolution process – it might be a way to avoid filing in court, if you can settle before getting to that stage.
You can read more about the process here – http://www.raq.org.au/services/family-dispute-resolution-fdr
Child’s rights in custody dispute
The rights of children are the basic principle guiding all decisions by a court. Sometimes, that wont match up with what you think is right for the child (so you should seek advice to make sure you are right). To protect children, the court looks at the following basic principles:
- Children have the right to be properly cared for and protected from harm
- If possible, both parents should be meaningfully engaged in their children’s lives
- Parents are responsible for caring for their children.
What Does the Court Consider When Deciding Child Custody?
The court considers a range of factors before deciding on a child custody matter. The court must first consider if an ‘equal time’ arrangement is appropriate or failing that if, a ‘significant and substantial’ time arrangement is appropriate. It does this by looking at the ‘best interest’ factors. This includes matters such as, the child’s wishes, the current living arrangements and many more. The court must also consider if the arrangements proposed are ‘reasonably practicable’.
Each case is unique, but anything to do with a child’s wellbeing can impact the final decision. There are so many factors that could be relevant – so it is important to seek proper advice.
What Is Parental Responsibility and How Is It Relevant?
The law presumes that both parents have shared parental responsibility.
Under a shared parental responsibility arrangement, parents play an equally important role in deciding the big issues in a child’s life such as, education and health. The court will only change the presumption of shared parental responsibility if it is not in a child’s best interests (e.g. if a parent has engaged in abuse or family violence), in which case the court will order sole parental responsibility to one parent.
Will the Child’s Preferences Be Considered?
Children in Queensland do not need to meet a specific age requirement before their wishes can influence a child custody matter. If a child expresses a wish as to which parent they want to live with, their emotional maturity will need to be assessed.
Even though the views of young children are of interest, the court is more likely to seriously consider and give more weight to the opinion of a child in their mid-to-late teens. Should a child’s wishes change as they grow older, a custody agreement can be altered to suit their needs.
