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Common Child Custody Arrangements in Australia

Are you embroiled in a child custody case between you and your ex-spouse? Who will take Max and Ayesha, or will someone walk away taking care of neither?

These are most definitely challenging times for everyone involved. What matters most is finding the right solution for you and your family and making sure that your children will have an environment where they can flourish.

In 2019, near 50,000 Divorce Orders were granted in Australia. There are plenty of resources available should you need them, and there’s a high likelihood that you’ll be able to come to a settlement that both you and your ex-spouse are happy with.

Keep reading for a short breakdown of the different child custody arrangements in Australia.

You can also seek consultation for child custody mediation today. Our attorneys are always available to help.

Child Custody Types

Child custody arrangements can be tricky, so it’s best to know what the possibilities are.

Australia’s child custody courts are gender-neutral according to the Family Law Act 1975. This means they make no assumptions about parenting roles by gender.

Legal Custody

This type of custody means one parent is responsible for the child’s major life decisions while they are a minor.

Both those in sole custody and joint custody arrangements can be legal custodians. It is more of an umbrella term.

Parents with legal custody will decide things about their child’s religion, their schools, and their healthcare.

Joint Custody or Shared Custody

This arrangement is common because, under Australian family law, a child has the right to enjoy an equal relationship with both of their parents.

In this arrangement, the child spends time at both parents’ houses.

If you are seeking a joint custody arrangement, the court may want to see a parenting plan for your child’s welfare.

There is a lot of flexibility to how the time responsibility between parents can be divided. You can divide based on each parent’s circumstances (but the child’s wellbeing takes the fore).

Sole Custody

Couples that come to this arrangement usually do because one parent is not safe for the child to be around or is not present in the child’s life.

The other parent may still have visitation rights, or they may not, depending on the court’s decree.

Grandparent Custody

Sometimes neither parent is available to take responsibility for the child. In this case, a grandparent can apply for legal custody of the child.

Usually, they will need to gather evidence that they can provide sufficient care for the child, just like either parent would have to in a custody case.

Lawyers for Child Custody

Coming to the optimal child custody arrangement for both sides is time-consuming and complex.

We’re here to make the process as painless for you as possible.

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