If you are a single mother, there are many rights and entitlements you need to be aware of. The following article will discuss the range of mothers rights and child custody in Australia. It will also discuss topics of concern and entitlements which arise concerning mothers’ rights and child custody in Australia.
Family Violence & Full Custody
Mothers rights concerning child custody in Australia often go hand in hand with family violence. Accordingly, a mother may seek to apply for full custody of their child because their child is exposed to a risk of psychological or physical harm by the other parent.
If the other parent objects to this, the matter will need to proceed to court, which can award one parent with sole responsibility for the child.
The court’s paramount consideration in making any parenting order is ensuring the best interests of the child. Therefore, for your application to be successful, you need to rebut this presumption by providing evidence to show that it is not in the child’s best interests to have regular contact or any contact at all with the other parent.
Child Support
As many mothers typically receive full or primary custody of their children, mothers’ rights and child custody in Australia typically encapsulate receiving child support. Child support refers to the payments provided by your former partner for costs relating to the care of your children. These payments usually cover housing, clothing, food, school, medical expenses and sometimes extra-curricular activities.
Child support payments are calculated on a formula that primarily considers each parent’s income and the amount of time that the child spends with each parent. This tool provides an estimation of your child support payments.
An application for child support can be made via Centrelink by completing an online form or through the Department of Human Services.
It is important to note that this payment is exclusively for your children’s care, not yourself. If you do require financial assistance, an application for spousal maintenance is a better alternative or addition to child support.
Spousal Maintenance
Mothers’ rights following a divorce or separation are not only concerning their children but also themselves. If you are a single mother struggling financially or finding it difficult to provide for yourself following a divorce or separation, you may apply for spousal maintenance. A successful application for spousal maintenance will result in court-ordered financial support payments from your former partner. The purpose of the benefit is to help you financially get back on track whilst seeking employment or pursuing education and so forth.
The court will make this order for you to maintain a reasonable standard of living relative to the standard you have been accustomed to during the relationship.
The likelihood of success of your claim will depend on your particular circumstances, as reflected in Section 75 of the Family Law Act (1975).
Eligibility Requirements:
- Your former partner has the financial means to support you
- Must be awarded within 12 months of the divorce subject to section 44(3) of the Family Law Act 1975.
OR
- 24 months of de-facto separation subject to section 44(5) of the Family Law Act (1975)
Relocation Orders
A relocation order is when the parent with primary custody of the child (often the mother) wishes to move somewhere else with her child, including overseas. There are many considerations the court will factor in when determining whether to grant a relocation order. However, the primary concern is whether the relocation will be in the best interests of the child.
Based on past cases determining whether the relocation is in the best interests of the child, the court will typically attribute considerable weight to the following factors:
1. The father presently has no time or minimal time with the children.
2. The mother has family support where she is seeking to move, and little to no family support where she is currently residing
3. The mother is experiencing financial difficulties where she is currently living, and the relocation destination has either more financial support or job opportunities.
Recovery Orders
In contrast to relocation orders, sometimes the children’s father may stop you from seeing your children or even remove them from the country without your prior consent or knowledge.
In this instance, an application for recovery orders may be made as part of the mother’s rights concerning child custody in Australia.
This application can be made through either the Family Court of Australia or the Federal Circuit Court. It is recommended you seek legal guidance as soon as possible to assist with your application.
Importance of Seeking Legal Advice
When discussing ‘Mothers rights and child custody in Australia, it is important to note the wide variety of legal obligations and entitlements you have. If you have any further questions about your rights concerning yourself and your children following a divorce or separation, please get in touch with us today.
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 Sydney family lawyers.
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