Family law exists to make sure that the child is protected and that the parents are involved in the life of the child after separation or divorce. The law will encourage parents and other family members interested in the welfare of the child to agree on how they will live. However, the court still holds the right to make important decisions when the parties involved are unable to decide.
In separation, the parents of a child can make a verbal agreement that is nowhere in writing, they can have a written agreement that cannot be enforced by law, or they can have a consent order which is issued by the court. Coming up with either of these agreements can be a tricky affair, hence the place of family lawyers. A lawyer can help you to get an interim court order which will provide a temporary arrangement. A legal service can also help you in the following ways:
Drafting a child custody agreement
Child custody law in NSW exists for the welfare of the child. A lawyer in the field can help you and your ex to draft a contract for custody that will work for you and the children. A family court will consider several factors when making child custody decisions. First, the court considers the welfare and the wishes of the child. Next, the court accounts for the schedules of the parents, the primary caretaker, their mental health, parent skills and the relationship between the children and each parent. While the court will do due diligence to make an excellent choice for the kids, it is much better to avoid the cross-examination and court sessions that will precede that choice if you can.
Mediation and drafting a parenting plan
In child custody mediation, the parents get another option rather than an adversarial divorce. You and your ex, get a chance to create a parenting plan. The idea is to be able to bring up the child in a way that will honor your unique contributions to their well-being. Through child custody law in NSW, you will be able to decide how each of you participates in the life of the child without the conflicts associated with a court case.
Dealing with parental alienation
People who have been involved in legal custody battles or are just beginning can have the process take a toll on them. Soon, a slip of the tongue on one parent’s side causes the other to be depicted as a bad parent to the children. This badmouthing, unintentional as it may be affects the child – no child wants to hear bad things about their parent. By child custody law in NSW, you do not have to engage directly with your spouse if the relationship is still volatile. The lawyer, who at the time can see things more clearly than the two parents is better placed to advise on decisions surrounding the child.
Preparing for family court interviews
If your custodial dispute gets to the family court, a legal service will help you to prepare for the interviews. People often underestimate how important family report interviews are. Note that these reports are followed strictly by most judges. A family report can, therefore, make or break your claim. A legal service will, for example, give you access to questions you can expect during the family report interview. That way, you will be mentally prepared, as will the children.
It is not uncommon to get so caught up in a separation that all you can think about are the negative traits of the other partner. As a rule of thumb, remind yourself that what matters most is the welfare of the child. If you need help regarding child custody arrangements, contact your legal team as soon as possible.