An Insight Into Child Custody Cases In Australia

by

Aussiedivorce

Why Focus On The Children Soon After Separation?

We have this innate ability to focus on the wrong things while experiencing traumatic conditions. It has been widely noted that parents usually tend to focus on the division of their assets after divorce. Not much regard is given to the children who will have to suffer from the consequences of the actions carried out by their parents. Contrary to popular misconceptions, Australian courts give ample importance to the welfare of the children rather than the division of the assets among the parents. This has indeed been a blessing for many families. Anything pertaining to the niche is governed by the family law act of 1975. The law might have been formulated long back. However, it is very effective even in this generation.

Which Court Takes Up Child Custody Cases?

Three kinds of courts can take up child custody cases within the Australia. They are the local court, the federal magistrates court and the family court. The niche of child custody laws is complex and requires careful study by someone who is well experienced with similar cases. These courts also have the duty to look into where the child will be residing along with the financial contributions that each of the parents will have to make. Australian courts do not keep any discrimination when it comes to child custody cases that happen in between same-sex and De Facto couples. Once again, it emphasizes on the transparent nature of the legal bodies. Rope in someone who is well versed with family law in order to obtain a favorable outcome when the case is being submitted to the court of law.

The Interim Hearing And The Final Hearing

In order to facilitate easier outcomes, the Australian law suggests that there should be two distinct and separate hearings for any child support case. These are the interim and the final hearing. Let us consider both of these hearing sessions in depth. Parents who wish for child custody should submit an application of the same through legal channels. The interim hearing occurs about one or two months after the submission of this application. The court will take sworn statements from both of the parents initially. Then an opportunity will be given to both of the parties to present their case. It is here where the power of the legal representative comes into the scenario.

The Importance Of These Two Hearings

It is important to consider the fact that the interim hearing is held so that the court can do an initial assessment of the situation. As expected, the court will not produce any kind of verdicts at this point of time. Such activities take place only during the final hearing. Keeping in tune with the traditions, the interim hearing will not have any kind of elaborate exercises to test the genuine nature of the statements produce the parents. Things work out much differently on the final hearing.

The court has the ability to conduct extensive cross-examination in order to verify the truth the statements offered by the parents. After careful consideration, the court will produce a verdict allowing either one of the parents to take custody of the child in the years to come.

Aussie Divorce is more than just a directory. It’s about important information and access to those people who can help you most. Aussie Divorce is selective – limited to just 300 law firms who are committed to family law.

divorce

,

family lawyersfamily law

,

Article Source:

An Insight Into Child Custody Cases In Australia