If you are a parent concerned about the wellbeing of your children, you may be interested to learn about grounds for sole custody in Australia. Grounds for sole custody in Australia is a serious matter that the court does not award lightly. In the Australian legal system, the courts place a high value on both parents playing a role in their children’s lives and the children having a meaningful relationship with both parents. This notion can, however, be opposed based on various grounds. This article will discuss family violence and the other multiple grounds for sole custody in Australia.
The Best Interests Of The Child
The most prominent consideration by the court when determining grounds for sole custody in Australia is the child’s best interests. In deciding what the best interests of the child are, the court will factor in several considerations.
The two most important factors are:
- The need to protect the child from a violent or abusive parent
- Whether there is a benefit of the child having a meaningful relationship with both of their parents.
Other considerations include:
- The opinions and views of the child, relative to their age, maturity and level of understanding of the circumstances and situation.
- The child’s relationship with each parent and any alterations in the relationship will have on the child.
- The willingness and ability of each parent to facilitate an ongoing relationship with the child and other parent.
- The maturity, gender, lifestyle, culture and background of the child.
How Important Are These Other Considerations For Sole Custody?
Although none of these other considerations are necessarily pivotal grounds for sole custody in Australia, the combination of several factors that weigh heavily in favour of one parent will play a significant role in, at a minimum, being awarded a greater degree of custody in Australia.
It is also important to remember that although these are separate considerations, it is clear that they are all closely related to the two primary concerns mentioned above. Accordingly, where a child has a negative opinion of one parent and a bad relationship with them, it will often be because that parent is abusive towards them or the other parent. The innocent parent in this situation would naturally also try to avoid contact with the abusive parent where possible and thus be unwilling to facilitate a relationship with the child and another parent.
What Happens When You Seek Sole Custody?
When one parent wants sole custody of the children, the other parent will typically object to the notion. If, after trying to resolve the issue by themselves informally, the parents cannot still agree on parenting arrangements, the next step is usually to have a mediation session which is generally required before proceeding to court. Suppose you try and forgo mediation and proceed directly to court. In that case, it will often result in unnecessary legal expenses, and delays as the court will usually ask if mediation was attempted. If it has not, the court will order both parent’s to try and resolve the matter in a mediation session before coming back to court if necessary.
This is because the Family Court of Australia has an extensive backlog of matters to be heard. So all other avenues for resolution should be exhausted before commencing proceedings in court.
What Are The Exceptions To Going Through Mediation?
The only clear exceptions to the above rule are in circumstances where an Apprehended Violence Order (AVO) is in place against the other parent or where family violence is involved. Accordingly, the court will usually allow for a mediation session to be skipped in situations such as:
- There is an AVO already in place against the other parent
- There are allegations of one parent physically or psychologically abusing the other parent
- There are allegations of one parent physically or psychologically abusing the child
- One parent is displaying threatening behaviour towards any members of the child’s immediate family
- Where one parent abuses drugs and alcohol and is accordingly intoxicated around the children
- If one parent has extreme mental health problems, and their exposure to the children is dangerous
Why Would The Court Award One Parent Sole Custody Of Our Children?
The most common grounds for sole custody in Australia for why the court would award one sole parent custody over the other is when allegations of family violence are involved. This is because whether the violence is directed towards the child or the parent, the child’s exposure to such behaviour can result in lifelong psychologically damaging consequences in the susceptible minds of children.
When discussing grounds for sole custody in Australia, it is essential to remember that family violence to and around the children is the leading reason behind a successful application in court. If you or your children are experiencing family violence, please do not hesitate to contact our team of experienced family lawyers to discuss your situation today.
Importance of Seeking Legal Advice
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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