Child custody matters are complicated legal affairs that overwhelm even the most well-informed parents. Being a “good parent” doesn’t necessarily mean you’ll win custody of your child. If you’re a parent who has recently gone through a separation, you need to prepare for your child custody investigation and understand what the laws are and how they apply to your particular situation. Here are some important child custody facts that separating parents ought to know.
People still use the term “child custody” to indicate where the child lives after the parents separate, this term and others like “sole custody” and “joint custody” have been abolished. Following changes to legislation in 2007, all matters concerning child custody are determined on the basis of who the child “will live with” and “spend time with”. The authorities also use terms such as “primary carer or parent” in place of previously used terms.
The Best Interest of the Child
As per the provisions set out in the Family Law Act 1975 the court must focus on protecting the interest of the child. The law doesn’t address parental “rights,” but it puts the needs and interests of the child first.
The family law act makes it very clear that both parents are responsible for the care and well-being of their child. Although responsibility is meant to be shared between both parents it doesn’t mean each parent has the right to spend an equal amount of time with the child. The amount of time a parent gets to spend with the child is determined through a family dispute resolution process. If both parents can’t come to an agreement, the court will decide how much time each parent gets to spend with the child.
The court gives a lot of consideration to child safety matters. They will do everything in their capacity to protect the child from harm or abuse of any kind. So if a parent has had a history of sexual abuse or domestic violence, the court can under such circumstances entirely revoke the parent’s rights to see the child.
If you’re concerned about your child’s safety and the outcome of the dispute resolution process, get in touch with a private investigator. Here at Truth Investigations, we can help you strengthen your case. Whether you want to perform a background check on others who will be involved in your child’s life (like your former significant other’s boyfriend, girlfriend or relatives) or prove abuse or neglect, we can help.
We can gather sufficient evidence, perform character assessments and help you in your custody case.
Call us on 1300 365 883 to discuss your situation and improve your chances of achieving a positive outcome.