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As a parent going through a divorce, you may wonder if child visitation rights exist in Australia. Thankfully, Australia does. But to achieve this means you must have had a good relationship with your child and the other parent. So, the parent who wants to visit their child after divorce should have no history of abusive and manipulative behaviour.
In such divorce cases, the other parent who has the child is the custodial parent. Either the mother or the father can be one, which dismisses the misconception of courts favouring mothers in divorce cases. Regardless of the outcome, courts allow non-custodial parents to visit since this can help the child build a strong relationship with both parents.
What if One Partner Has a History of Family Violence?
Now, this can be troublesome for some parenting arrangements. How can this be safe for the child's life and the other partner during visiting hours? While risky, it is possible. However, Australia won't allow the abusive or violent parent to visit alone. Instead, a supervised visitation will be conducted by someone, such as a case worker or a contact worker.
Read: Supervised Visits Rules | JB Solicitors
Considering the Child's Best Interests
The family court considers supervised visits because this is also known as parenting time, which is a contributing factor to the child's best interests. The child's best interests include:
- The benefit to the child of having a meaningful relationship with both of the child's parents; and
- The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
Here are some secondary considerations under the best interests of the child:
- Any views expressed by the child and any factors
- The child's age, maturity, sex, and lifestyle
- The child's developmental, psychological, emotional, and cultural needs
- The nature of the relationship of the child with each of the child's parents and other persons. This includes any grandparent or other relative of the child.
All other considerations are listed here. Parental rights only come second when it comes to parenting arrangement matters.
Isn't It Easier To Grant Sole Parental Responsibility?
Before we answer this question, we want to let you know that sole parental responsibility does not equate to sole custody. Two parents usually get to have major life decision-making authority for their child. Now, sole parental responsibility means only one parent can do this. Courts will only grant this in extreme cases, so it's not that easy to grant.
Child Visitation Rights: How Does It Work?
Okay, we do realise that violent and abusive parents are dangerous. That's why we want to discuss with you how child visitation works to ease your worries.
When one parent has sole parental responsibility or sole custody of the child, the non-custodial parent will need child visitation rights. These are important for the non-custodial parent to spend quality time with their child/children, and to build a meaningful relationship with them.
Various arrangements can be made to make sure that the other parent gets time to visit his/her child. For instance, depending on each family's circumstances and schedules, arrangements could be made for every other weekend, or every school holiday, or a few days every week, etc.
The only reason why a court may deny child visitation rights to a parent is if the parent has in some way exposed the child to abuse, neglect or harm. Otherwise, all courts believe that it is very important for the child to have a relationship with both his/her parents.
Child Visitation Rights: Parenting Plans
A parenting plan is a written record of the agreement that is made after parents separate. Both parents must sign them to acknowledge each parent's understanding of the plan. However, these plans are informal plans that are drafted when the involved parties reach an agreement about the care of the child.
If both parents can agree on a proper parenting plan, they can actually avoid court intervention and just continue with their lives. In cases where both parties are happy with the parenting plans, they can make an application for consent orders, which make the parenting plans legally binding. This is an important step to take if you anticipate future disputes on your parenting plans.
Family Law Mediation and Parenting Orders
Parenting plans are the best option when the parties can reach an agreement. However, sometimes the parents might not be able to agree on a visitation schedule. In cases where there are disagreements, the parties need to try dispute resolution services, in the form of family dispute resolution or mediation.
If these methods are not successful, the parties may need to approach the court. Section 64B and 65C of the Family Law Act 1975 outline details about parenting orders, and who can apply for parenting orders, respectively.
People who can apply for parenting orders include:
- Either one, or both of the child's parents; or
- The child; or
- The grandparent of the child; or
- Any other person - relative or otherwise - who is concerned with the welfare and care of the child.
Do You Need Help With Family Court Procedures?
Australian family law cases are complex and stressful, especially for divorce matters. Parenting disputes can get so nasty that they can risk a child's safety. For these matters, it's important to hire a legal professional who knows the child's best interests.
At JB Solicitors, our compassionate and experienced family lawyers are dedicated to providing you with the best quality legal advice. With our expert guidance, you can find out efficient parenting plans that contain detailed custody plans and visitation schedules.
Child support disputes can eventually surface on divorce matters. Family law courts will also ensure that divorced parents can agree on an amount for child support.
So, with all of these family law matters, how can we help separated parents agree with each other?
Our Family Dispute Resolution Services
In case of conflicts, we offer expert mediation services and have award-winning mediators in our family law team. Moreover, if you think that the existing parenting plans and arrangements are not up to the mark, you can contact your family lawyer, who will review the terms and help you reach your desired outcome.
We offer fixed-fee pricing for family law because we value transparency and wish to provide you with a clear sense of the costs right from the start. Our lawyers are here to help you navigate through complex legal procedures in divorce, separation, child custody, visitation proceedings, and other family law matters.
Contact our experienced and friendly team of lawyers to have a confidential discussion about your issue.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
