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Guardian Family Law

Guardian Family Law
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(02) 4613 5800

Parenting Matters

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Expertise In All Aspects
Of Parenting Matters

Whenever a separation happens, one of the main concerns for the parties is child custody or the future care arrangement of their children. Ensuring that the Court’s final determination reflects the best interests of the child is of top importance. What is crucial to keep in mind is that the Court has a very broad set of rules and considerations when it comes to determining the child custody.

The Best Interest
Principle

The Court’s primary focus will be on identifying and pursuing the best interests of the child. Referred to as the paramountcy principle, this principle is all about making sure the child benefits from a meaningful relationship with both parents. However, in ensuring that the child’s best interests are protected, the Court will always focus on keeping the child safe from any psychological or physical harm.

There are additional considerations that are relevant to the Court’s determination including the views expressed by the child, the nature of those relationships the child has with his parents and other persons. Additionally, other factors including the extent to which parents have sought to spend time and communicate with the child, and make decisions regarding the child’s future are also of importance.

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Has Each Parent Fulfilled
Their Parental Obligations?

Fulfilment of parental obligations is a very important aspect relied upon by the Court in reaching a final determination. This is because the Court must be satisfied that both parents have the capacity to meet all of the child’s needs, including emotional and psychological needs. Parental capacity may be determined with consideration to whether the parties have succesffuly fulfilled their obligations when it comes to taking care of their child. The Court may further consider how any proposed parenting arrangement may ultimately affect the living circumstances of the child and may make Orders which seek to avoid any adverse consequences to the child’s living arrangement. 

Additionally, other factors include the difficulties that come from a parent spending time with the child and how that may affect the child’s relationship with each parent. Of course, other things like the capacity and genuine willingness of each parent to spend time with the child and any opportunities to provide for the needs of the child are just as important here.

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Relevance of Family
Violence

Any type of violence within the family is certainly going to influence the Court’s decision in a significant way. In circumstances where a family violence order, family intervention order, or apprehended domestic violence order may apply, the Court will need to take careful consideration of this order and consider the context and circumstances surrounding any allegations of violence. 

This will include various considerations such as the nature of the order, why the order was made, what evidence is there to support the making of the order, what court findings have been made, and so on. All this information is extremely important to take into consideration and the results will vary based on unique circumstances of each matter. The court will also assess what order will help support the child and their future, which is at the core of the entire process.

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Relevance of Family
Violence

Any type of violence within the family is certainly going to influence the Court’s decision in a significant way. In circumstances where a family violence order, family intervention order, or apprehended domestic violence order may apply, the Court will need to take careful consideration of this order and consider the context and circumstances surrounding any allegations of violence. 

This will include various considerations such as the nature of the order, why the order was made, what evidence is there to support the making of the order, what court findings have been made, and so on. All this information is extremely important to take into consideration and the results will vary based on unique circumstances of each matter. The court will also assess what order will help support the child and their future, which is at the core of the entire process.

Other important aspects that the
Court takes into consideration

The court will also have to assess the willingness and ability of each party to take decisions for the child and spend time with them. Additionally, the Court will consider the ability of each party to provide financial support and assistance for the benefit of the child child. The Court will seek to determine whether a parent can offer support for the emotional needs of the child and if the parents are able to facilitate a relationship with the other parent.

Additionally, there are other considerations like time arrangements and the practicality of any proposed care arrangement. The Court may express concerns if, for example, the parties live in separate states or work hours that are not consistent with the delivery and collection of the child to school. The Court will also enquire as to whether the contact arrangement will provide a positive relationship to the child, or if there are any adverse consequences that may follow.

Child custody, or the care arrangement of a child, is one of the most challenging decisions for the Court to make. This is because there are many different factors to take into consideration. Ultimately, at the end of the day, the most important aspect is to ensure that the best interests of a child is protected, and further ensuring that the child will always have the best possible care and supportant arrangement.

Given the importance of parenting proceedings, it is important that you present your best possible case before the Court. Call us today for a free consultation and let us further advise you in relation to your parenting matter!

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    Contact Info

    Call Us Now

    (02) 4613 5800

    Email

    admin@GuardianFamilyLaw.com.au

    Address

    81 Campbell Street, Surry Hills, NSW 2010