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Child custody is an important and sensitive issue that arises in family law matters, particularly during divorce or separation. In New South Wales, child custody arrangements aim to prioritise the interests of the child and ensure that they receive care and support from both parents.
In Australia, the Family Law Act 1975 governs child custody arrangements. The act emphasises that both parents should have an equal opportunity to participate in their child’s upbringing and that the child’s best interests should always be the top priority.
The term “custody” is not commonly used in family legislation in Australia, as it is associated with negative connotations. Instead, the term “parental responsibility” is used to refer to all the duties, powers, responsibilities, and authority that parents have in relation to their children as outlined in Section 61B of the Family Law Act (1975).
Parental responsibility encompasses both day-to-day and long-term decisions that affect a child’s life, including their health, education, and residency. Under the best interests principle outlined in Section 60CC of the Family Law Act (1975), a meaningful and healthy relationship between the child and both parents is considered a primary consideration.
As per the presumption of equal shared parental responsibility, both parents are expected to have equal responsibility and authority to make short-term and long-term decisions in their child’s life. However, the courts have the power to rebut this presumption if it is found to be detrimental to the child’s best interests.
Therefore, when discussing custody rights in New South Wales, both parents will have equal time shared parental responsibility, and the courts will prioritise the child’s best interests when making decisions related to their care and upbringing.
When it comes to deciding who gets custody of a child in a divorce or separation, there is no one-size-fits-all answer. Family law courts consider several factors, including the child’s age, health, and emotional well-being, family violence, the parents’ ability to care for the child, and any existing family arrangements or relationships.
To ensure that both parties can enjoy equal custody rights in NSW, it is crucial to establish a plan or agreement where both parents have equal time with the child wherever possible, which requires healthy discussion and open communication. If parties are unable to reach a satisfactory agreement, they can seek mediation, and each party needs to be flexible and cooperative in finding a solution.
Parenting plans are informal agreements that are not legally binding, so it is necessary to apply for consent orders at the court to make them legally enforceable. Breaching these orders can result in penalties imposed by the court.
In situations where serious conflicts arise and an agreement cannot be reached, an application to the court must be made. The court will assess the circumstances of the family and determine the best interests of the child to make legally binding parenting orders that both parties must abide by, with breach of these orders punishable by law.
In some cases, both parents may agree on joint custody arrangements, either through informal negotiations or formal mediation. However, when parents cannot agree on child custody arrangements, they may need to seek a court order.
In Australia, both parents have an equal opportunity to apply for custody of their child. The court may grant sole custody to one parent, or they may order shared custody or visitation arrangements. The court’s primary concern is the child’s best interests, and they will consider all relevant factors when making a decision.
At Lyons Law Group, we have a team of highly skilled family lawyers who understand the difficulties that divorces and separations can bring, especially when children are involved. We have extensive experience in dealing with custody and parenting disputes, child support, and maintenance payments.
Our top priority is helping you understand your custody rights in NSW, and we offer transparent fixed-fee prices to ensure that clients have financial clarity throughout the legal process. We are passionate about being experts in our field and committed to helping the community.
If you have any enquiries, our experienced and child custody lawyers is always available to assist you.
If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;
Result-focused criminal lawyers
Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.
Specialist for District and Supreme Court trials
Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.