Shared Parenting Conflict
A single parent from Victoria has primarily raised her 8-year-old son alone. She is currently facing a legal challenge regarding a proposed shared parenting arrangement suggested by her son’s father. The complication arises as the son prefers daytime visits rather than overnight stays with his father, who, along with his legal counsel, is insisting on the latter. The parent seeks guidance on how to address this situation within Family Law and Child Custody contexts.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can my son's preferences be included in the shared parenting agreement?
In Victoria, the Family Law Act 1975 prioritises the best interests of the child. Advocating for your son's preferences can be done by engaging with a family dispute resolution practitioner for mediation, where both parents can discuss arrangements that consider his comfort. It's essential to document your son's preferences and possibly involve a child psychologist, whose report can be presented in discussions or court if required. If mediation fails, it may be necessary to seek a parenting order from the Family Court, where the child's views will be a key factor, especially regarding concerns about his comfort level during overnight stays.
What can I do if there is pressure for overnight stays that my son dislikes?
If the father and his lawyer are insisting on overnight stays that your son does not want, you can pursue several legal avenues. You may apply to the Family Court for a parenting order that reflects your son's preferences and welfare. The court will take into account the child’s views based on age and maturity under the Family Law Act. Additionally, seeking mediation through a family dispute resolution service could help negotiate an arrangement that prioritises your child’s well-being. If these efforts do not yield satisfactory results, obtaining legal advice from a family lawyer is advisable.
What laws address a child's preferences regarding custody arrangements?
In Victoria, while the Family Law Act 1975 prioritises the child's best interests in parenting arrangements, children’s preferences are considered relevant, especially as they mature. Although there isn't a strict requirement for courts to follow child's wishes, these preferences are taken seriously, along with safety and parental capabilities. Typically, family consultants or child psychologists can assess and report on a child's preferences, but decisions are ultimately made by the court.
How to modify an existing parenting agreement if my son's needs have evolved?
To modify a parenting agreement in Victoria, it is advisable to start by trying mediation with a family dispute resolution practitioner. This allows both parties to discuss necessary changes amicably. If mediation fails, you can apply to the Family Court of Australia for modifications to the parenting orders, presenting evidence of substantial changes, including the child’s discomfort with current arrangements. Documenting all communications and mediation attempts is important for this process.
What is the best way to document my son's discomfort with overnight visits for court?
Keeping a detailed journal of your son’s discomfort regarding overnight visits is vital. This should include dates and specific reasons he expresses his unease. Consulting with a child psychologist or counselor can provide professional testimony regarding your son's feelings. Family mediation sessions can also document these concerns. Any relevant communications with the father or his lawyer should be gathered. Ensure all documents are well-organised for easy access.
