When it comes to a marital breakdown or relationship issue, the most emotional decision is about the custody of the child involved. In most of the cases, naturally, both of the parents want to gain the full custody of their children and also wish them to be looked after well in future. For many, it poses an issue as they feel they alone can look after their children well by the exclusion of other parents.
However, multiple dynamics are coming into action when there is a marital relationship breakdown or a divorce. The couple involved most of the times will be driven by an ‘emotional view’ of the situation and feel that they have won it by fighting.
Child custody law in Australia
In Australia, the law covering child’s custody and care in case of a relationship breakdown is the Family Law Act of 1975. It is very simple and straightforward. In case of disputes, the court will intervene to make decisions, which will be taken by considering various factors and also in the best interest of the child, not parents.
However, it is quite straightforward and simple to identify which way the child benefits the most by maintaining an ongoing relationship with both the parents. For this, the parents need to discuss it with the help of a family lawyer and make sensible arrangements to ensure the happiness and well-being of their children.
The Family Law Act contains two primary considerations as:
- All the things being equal in case of custody cases, the child must benefit from a healthy relationship with both parents, and
- The child should be protected from any harm.
For someone who is looking for the sole custody, this law means, unless it is proven that the child is at risk of harm at the care of the other parent, there is no scope of getting an order for full custody. If you need to seek for professional lawyer – click this link for more info.