Top Child Custody Myths People Believe In Australia

When it comes to the law, there is so much information out there. But how do you know what’s right and what isn’t? Whether you are looking for a divorce, contesting a will or in the midst of a custody battle, having the correct and most up to date information is key to getting the result you want and deserve. We've compiled the top child custody myths people believe in Australia.

During these uncertain times, if you're looking for the best lawyer in Sydney CBD, NSW, Jeffrey of JCL Legal is available by mobile phone. Please call him on 0419 233 670.

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#1 "The Courts will always favour the mother."

Untrue. A parent does not have legal 'custody' over their children in Australia. There is no legal presumption that a child must or should live with the Mother over the Father. Rather, the courts will always look at what is in the child’s best interest (being the paramount consideration).

#2 "Parents have a 'right' to see their kids."

Untrue. This is one of the biggest misconceptions around child custody laws in Australia. While parents have obligations towards their kids, they do not have any 'rights' in relation to their children as such, such as the right to have time with the children. Australian family law is all about the rights of the children. One of these rights is the right to a meaningful relationship with each parent, and this imposes an obligation on each parent to facilitate their child's relationship with the other parent, provided there are no safety issues.

#3 "All family cases go to court."

Untrue. Though it might provide a more dramatic journey in movies and TV shows, in reality, most family law cases are settled out of court. Any good lawyer will encourage you and your partner to try and settle via mediation or negotiation outside of court. This option is far cheaper and emotionally kinder for all involved parties. The court is therefore generally used as a last resort if the parties are unable to come to an agreement. Even out of the cases that do end up in court, only a very small percentage actually go to the final hearing where a judge is required to determine the division of assets. Most matters that do go to court are usually resolved via mediation and negotiation before reaching the final hearing.

#4 "If the marriage breakdown is your fault, you have to pay."

Untrue. Unlike what you might have seen in the movies, Australia has no-fault jurisdiction when it comes to the division of assets, child custody and other divorce-related matters. Issues of morality such as infidelity have no impact on how the assets are divided or who the children live with. So whilst one partner having an affair might have directly led to the breakdown of the marriage, the law will not punish said partner in the divorce proceedings.

#5 "Our child gets to decide who they want to live with when they turn 12."

Untrue. There is no law that says once a child turns x years old they get to decide their parenting arrangements. In fact, in Australia, there is no minimum age for a child to be able to express their view about where they would like to live in a parenting dispute. The courts, as with all family dispute cases involving children will look at the 'best interest of the child'. What typically happens in matters where an older child (say 12+) is dissatisfied with spending time with a parent is the child will begin to refuse to change over between parents, and the refusal will become more and more severe as time progresses. Once things get to that point, it obviously may not be in the best interests of the child for the parenting arrangements to continue.

#6 "If we share parenting evenly, no Child Support will be ordered."

Untrue. The two primary factors that influence Child Support are your income and the extent to which you care for your children. Even if you are sharing the parenting responsibilities with your ex equally, a significant difference in your relative earnings may still mean that one of you will be ordered to pay Child Support. This will ultimately be assessed on a case by case basis.

#7 "Taking a smaller property settlement will reduce the Child Support you pay."

Untrue. Child Support and property settlements are considered separate matters by the law. Child Support is calculated by considering your income, your parenting arrangements and the circumstances unique to your situation. For this reason, accepting a smaller settlement is unlikely to decrease Child Support payments. Also, the Family Court does not have any power to make orders concerning child maintenance.

#8 "There is nothing I can do about my ex-partner bad-mouthing me in front of the children."

Untrue. You are able to obtain an Order that prevents a person from denigrating or insulting you in the hearing and or presence of the children.

#9 "Parenting plans are binding and enforceable."

Untrue. Parenting Plans are agreements signed by both parents, but which are not submitted to the Court and formalised into Consent Orders. Parenting Plans are not binding and cannot be enforced by the Court if they are breached. Although not legally binding, Parenting Plans recognised by the Family Law Act 1975 can be used as evidence in Court. Parenting Orders, on the other hand, whether made by consent or decided by a Judge, are the only formal document that can be enforced by the Court. There are serious consequences and penalties if it is breached such as payment of fines, compensation or the other party’s legal costs, community service, or imprisonment.

Hire The Best Lawyer in Sydney Who Cares About Your Needs

Now that we have debunked the child custody myths listed above, it is time to plan for your children's future. A good Family Lawyer in Sydney like Jeffrey of JCL Legal will be able to assist you with any legal issues in an efficient manner. To better your chances of meeting your goals in a timely manner, they can handle negotiations on your behalf and if needed, represent you in court. During these uncertain times, if you're looking for the best lawyer in Sydney CBD, NSW, Jeffrey is available by mobile phone. Please call him on 0419 233 670.

Contact JCL Legal now! We are a law firm that cares about your needs.