Custody Adjustment
The client has been separated from their partner for three years, and they share a 8-year-old child. Currently, there is a verbal agreement for shared custody, with the client having custody four days a week while the other parent has the child for three days a week. The client seeks to modify this arrangement to have the child for five days a week, believing that the current arrangement may be too disruptive for the child. The other parent is hesitant to agree to this change due to concerns about potential increases in child support obligations.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I formally change the verbal custody agreement to a legally binding one?
To formally change the verbal custody agreement to a legally binding one, you will need to apply for a parenting order through the Family Court of Australia or the Federal Circuit and Family Court. This is done by filing an Initiating Application, which should include a proposed parenting plan outlining the desired custody arrangements. It's essential to provide evidence supporting how the proposed changes serve the best interests of your child. You might be required to attend family dispute resolution unless there are exemptions such as family violence.
What steps should I take to apply for a parenting order?
To apply for a parenting order, you should first attempt to resolve the matter through negotiation or mediation, such as Family Dispute Resolution (FDR). If an agreement cannot be reached, you can apply to the relevant court for a parenting order. You will need to complete and file an Initiating Application form, along with a Notice of Risk and a Genuine Steps Certificate to demonstrate that mediation was attempted. Ensure you provide detailed information regarding current arrangements and proposed changes.
How can I ensure the new custody arrangement is in the best interest of my child?
To ensure the new custody arrangement is in your child's best interest, prioritize stability and their welfare. Consider their routine, school, and extracurricular activities to minimize disruptions. Assess their relationship with both parents and ensure they maintain meaningful time with both. Collect supporting evidence, like school reports, showing how the current arrangement affects their well-being. Consulting a family lawyer can help you prepare a parenting plan reflecting these considerations.
What impact will a change in custody have on the child support arrangements?
A change in custody arrangements can directly affect child support obligations, which are often based on the number of nights the child spends with each parent. In Australia, child support is calculated by the Child Support Agency (CSA), taking into account both parents' incomes, the percentage of care each parent provides, and the costs of raising children. If the child spends more nights with you, the CSA could reassess the support amount.
Are there alternative dispute resolution options available if my partner is not willing to agree to the new custody arrangement?
You may engage in alternative dispute resolution methods, such as mediation, to negotiate a new custody arrangement with the other parent. Mediation involves working with an impartial mediator to resolve disputes amicably and is often encouraged in family law matters.
