If there is some dispute about where the children will live and their care arrangements, the Family Law Act 1975 has our guidelines. It is advisable to get the help of a lawyer familiar with family law and family courts. If you don’t have a lawyer, contact Vanessa Ash.
1. Filing the application to the court
This is the first step in applying for a custody agreement. This application contains the base arguments as to any issues or allegations. Pre-action procedures may be ordered if there is no violence or other serious allegations pending. Pre-action procedures usually means dispute resolution (mediation), with a certificate presented to the court later.
Relationship breakdowns are hard on everyone, but adding pressure via the court system is very stressful and expensive. If disputes can be settled out of court (both parents are functional members of society and there is no good reason why they shouldn’t be in their child’s life), we recommend this. We can help with parenting plans, informal or formal agreements that parents both agree to themselves regarding care of their children.
2. The interim hearing
The interim child custody hearing typically happens a couple of months after the application is filed, and is solely to decide an interim arrangement for care and custody of the children until the final hearing.
3. The final hearing
The final hearing can be slow in coming – sometimes up to a year or more. The court system moves slowly. Cross-examinations are common in the final hearing. Any witnesses who have offered sworn statements may be required to speak. This may include psychologists, counsellors, or other professionals involved. Each party then makes a submission to the judge, and the judge then weighs the evidence, and makes a decision for custody arrangements for the children. These orders are in place until the child’s 18th birthday or a different order is made by the court.
You don’t need to enter dispute resolution alone. Get a good lawyer to walk with you through this process, and get the best outcome for your family.
Write your own story. Call Vanessa Ash and Associates today.