Divorce and child custody battles are emotionally trying times for everyone involved. Emotions of both parties, including those of the child, can run high during a custody battle. It is impossible to predict who will prevail in a custody dispute. If you want to improve your chances of winning custody and mediating future care and living arrangements for your child in Perth, you should familiarize yourself with Australia’s family law.
Child’s Best Interest As Defined Under The Family Law Act
Australia’s Family Law Act 1975 (‘the Act’) regulates custody cases. Decisions regarding the child during a divorce or separation must be made with their best interest in mind.
The law takes into account the following factors in accordance with Section 60CC of the Act:
1. The positive effects on the child when they get along well with both parents
2. The importance of keeping the child safe from harm, whether physical or emotional abuse, neglect, or domestic violence
In the event of a conflict between these two factors, the Act mandates that the second factor takes precedence. In detail, the welfare of the child will always precede over any other consideration, including the possibility of a healthy relationship between the parents.
The courts also take into account the following when determining what’s in a child’s best interest:
· In accordance with the desires of the child(ren)
· Closeness of the child to their parents or grandparents
· Past levels of involvement in parenting on the side of each parent
· Whether or not the parent has met their responsibility to provide for the child
· Different perspectives held by each parent
· Age, sex, way of life, background, culture, and customs of the child and their parents
· Past or present order for protection from familial violence
Considering The Child’s Best Interest In A Custody Battle
A custody battle can get heated. You must exhaust every possible option to increase your chances of prevailing in the custody battle, including a few things that can swing the balance in the child’s favor. Some of the key points to keep in mind when arguing for child custody are as follows:
1. Provide For The Best Living Arrangement For Your Child
If you want to succeed in the custody of your child, you need to show the court that you can provide them with a safe and secure home. Sharing your cousin’s bachelor pad won’t help your case. Although judges can be understanding regarding living arrangements, you should be ready to establish that you have a large enough home for you and your child.
If your ex-spouse still lives in the family house after you’ve moved out, it would be convenient to choose a place that’s close by. The court prefers stability; therefore, it will look favorably upon a request that does not significantly alter a child’s regular schedule.
2. Prove That You Can Offer The Protection Your Child Needs
You are responsible for protecting the child from any form of harm, whether physical or mental, and from any form of abuse, neglect, or domestic violence.
Any plan for sharing parental duties must ensure the child’s safety. In cases where prioritizing this factor conflicts with the goal of fostering a close relationship with both parents, this factor is given higher weight.
3. Show Openness For Co-parenting
Your child likely wants a close, meaningful relationship with you and your ex-spouse, no matter what has been going on. This means not going for full custody unless you are truly convinced your ex will only bring harm to your child. If this is not your circumstances, then you should allow your child to spend enough time with your ex.
For co-parenting to turn out well, it is important to show that you can work together with your ex. When one parent complains about the other, it can hurt the child’s emotional, psychological, and even developmental growth. In the long run, it’s best for your child if you can work through your differences with your ex, even if it may require much efforts on your behalf.
4. Resist The Temptation To Use Substances Abusively
Don’t drink or use drugs, especially around your child, if you want to improve your chances of getting custody. Good parenting means making decisions that safeguard your child, so avoid saying or doing anything that can even remotely suggest you wouldn’t do anything to keep them safe. If you make poor decisions, it can negatively impact your child and your case against your ex.
5. Make Reasonable Requests
If you already have a full-time job and another one on the side, acquiring full custody may be an uphill battle. A full custody in this scenario implies that your child will spend most of each day in the company of an adult who’s not you. In this case, you should prepare for the custody dispute by learning what reasonable requests you can make.
If your child’s school is an hour away from your workplace, you should improve your situation before filing for full custody. By taking such steps, you can convince the judge that your child’s upbringing won’t be negatively affected by your divorce.
6. Be Flexible And Open To Compromise
Figure out what you and your child would consider the best possible outcome and then have a meaningful discussion on potential trade-offs. A custody battle can drain the energy of everyone involved. Trying to come up with creative ways to co-parent can go a long way to relieve the tension. Ideally, your ex-spouse should be present in the discussion. However, if you are not in a good place with your ex, then you can do this activity with your child.
Mediation For Custody Disputes
Most custody issues are settled through mediation. A mediator or group of attorneys can resolve a conflict if necessary. Custody mediation is a process through which divorcing or separated parents can work out custody arrangements with the help of an unbiased third party.
You should come into this with a concrete plan for child custody and an open mind. If you’re lucky, your relationship with your ex-spouse is amicable enough that you can discuss even before you go into mediation.
Reaching a compromise in a legal battle where everyone involved needs to be happy is indeed a challenge. Having said that, you should prioritize your child’s needs above all else.
The Final Words
Realizing there may be no clear in a child custody dispute is important in understanding how to win one. The only acceptable resolution to a custody dispute is one in which the child’s best interests are prioritized. Depending on your perspective, the situation can look good or bad. Getting custody of your child requires you to prove to the court that you value them the most.
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