Child Access Issue
The client is facing a child custody issue where their former partner is denying them access to see their child. This situation is occurring in a major city in the Australian Capital Territory. The client's primary concern appears to be resolving the access issue in order to maintain their relationship with their child.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to enforce my child custody rights?
To enforce your child custody rights, you can apply for a parenting order through the Federal Circuit and Family Court of Australia. This order can establish the time your child spends with each parent and ensure compliance. If you have an existing order that is not being followed, you may need to file a contravention application. It can be beneficial to seek legal advice to navigate these processes effectively. Additionally, documenting all instances where access is denied can support your case.
How does the Family Court determine custody arrangements?
The Family Court determines custody arrangements by prioritising the best interests of the child. Key considerations include the child's meaningful relationship with both parents, safety, and any views expressed by the child. The court evaluates each parent's capacity to meet the child's needs and any history of family violence. Decisions may involve reports from family consultants or evidence from witnesses.
What evidence do I need to gather to support my case for more parenting time?
To support your case for more parenting time, gather evidence showing your involvement in your child's life. This includes communication logs with your former partner, evidence of attending school events, and documentation that shows a stable living environment. It may also be useful to maintain records of any instances where access was unreasonably denied.
Can mediation be a useful option to resolve this issue?
Mediation can be a beneficial option for resolving disputes regarding child access. It provides a neutral environment to help both parties discuss issues amicably. The use of mediation is encouraged by the Family Law Act before court proceedings, as it can be quicker and less expensive. If an agreement is reached, it can be formalised through a parenting plan or consent orders.
What are the typical timelines involved in resolving a child custody dispute?
The timelines for resolving a child custody dispute vary based on case complexity. Generally, straightforward cases might be resolved within 6 to 12 months, while contested issues could extend to 18 to 24 months or longer. The court process typically involves initial hearings, mediation attempts, and possibly a final hearing.
