They say that your wedding day should be the happiest day of your life. However, this doesn’t always hold true. A wedding day is certainly a joyous occasion, but it is also the start of a life together which should involve a collection of great memories and happy days.
Unfortunately, though, some relationships don’t work out. There is often no one at fault as circumstances change and people grow apart. Impressively, most couples do make a go of it. In fact, data suggests that just 1.9 marriages per 1,000 people end in divorce.
However, if you realize that divorce is the only realistic solution, you’ll want to make sure any children are looked after properly and not negatively influenced by the divorce. This is when it is a good idea to visit a specialist in family law, Sydney and understand the options available to you.
Here are some facts that you need to know about divorce and child custody.
The Law Is Gender Neutral
The first thing you need to understand about divorce and child custody is the Family Law Act of 1975. This particular law ensures that all matters of divorce and separation are considered to be gender neutral. In other words, no assumptions are made about parenting roles.
The key goal of the court is to ensure the child or children have a meaningful relationship with both parents and that they are protected from harm.
More emphasis is placed on protecting from harm than ensuring both parents have a meaningful relationship.
In short, the courts decide what is best for the child and will then issue an order accordingly. This could be shared custody, one parent with custody and the other with visitation rights, or even a complete ban for one parent on seeing their children.
Parenting time is another important decision when it comes to divorce and child custody. There are no rules that tell a judge what is considered fair when dividing the child’s time between parents. In most instances, the judge will prefer you address the issue and present them with a working solution.
Remember, this is about what is best for your children, which generally means the children stay with one parent during the week to make the school run simpler.
But, as stated, there is no right or wrong way of doing this, you just need to think about what is best for your child.
As a parent, you can make decisions regarding what you think is best for your child. Usually, this can be done independently without talking to the other parent. However, in most cases involving divorce and child custody, this works best as long as parents talk about their decisions.
If you don’t feel this is possible then the court can create, upon request, a legal document that ensures all major decisions are taken together. That includes dealing with health issues, choosing schools, and even what religion your child will be.
Don’t forget that equal parental responsibility shares the responsibility for raising your child, it doesn’t just mean that you get to see them the same amount of time.
When it comes to divorce and child custody, both parents should be responsible for covering the costs of their children. Again, this is best decided between yourselves. But if necessary, you can get the court to assess incomes and dictate the best solution