Withholding Custody Dispute
The client, residing in Victoria, is facing a situation where the father of her six-year-old daughter has been withholding the child from her for approximately two years. There is currently no court order or custody agreement in place between the parties. The client possesses a certificate from a family dispute resolution practitioner, certifying that the parties did not resolve their parenting matters through family dispute resolution. The certificate indicates that the matter was deemed inappropriate for family dispute resolution, possibly due to factors such as family violence or other concerns regarding the parties' ability to negotiate freely.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps should I take to initiate legal proceedings for obtaining a court order for custody?
To initiate legal proceedings for custody, you need to apply for a parenting order through the Family Court. Make sure to complete and file an Initiating Application form along with an affidavit and a Notice of Risk if there are concerns for your child's welfare. Consider consulting a family lawyer for tailored advice and support. Once filed, the court will schedule a first hearing where interim orders can be made, focusing on the best interests of your child.
How can I use my mediation certificate in the legal process to help resolve this custody issue?
Your mediation certificate allows you to apply to the Family Court for a parenting order. This certificate demonstrates that you have attempted family dispute resolution, which is typically required before court applications, unless exceptions apply. File this certificate with your application to show compliance with mandatory dispute resolution efforts.
What are the potential outcomes or implications if I pursue legal action for custody?
Pursuing legal action for custody could lead to several potential outcomes. The court's primary consideration will be the best interests of the child. Possible outcomes include establishing a parenting order that outlines living arrangements, time spent with each parent, and parental responsibilities. Legal proceedings can be lengthy and costly; however, if the court decides in your favour, enforcement mechanisms will ensure compliance with the order.
What evidence or documentation should I gather to strengthen my case for custody in court?
To strengthen your case, gather evidence of your involvement in your child's life, such as school records, medical appointments, and any communications regarding parenting matters. Collect character references from people who can attest to your parenting abilities and keep a record of any financial support provided. Document any instances of obstruction regarding access to your child.