Sole Parenting Responsibility In Australia
Sole custody often crops up when parents divorce. However, most parents do not quite comprehend the concept. Below is a piece discussing sole custody, commonly known as sole parenting responsibility in Australia.
The Australian Family law awards equal parenting responsibility to parents who wish to dissolve their marriage. However, some parents opt to raise their kids on their own. If this is your case, you apply for sole parenting responsibility at the Family Court. If your application is successful, you do not have to involve your partner when making decisions regarding the kids. Moreover, the kids live with you and you have the power to decide when they can meet the other parent. However, securing these orders from the Family Court is not as easy as many people presume.
A parent seeking sole parenting responsibility must demonstrate that the other parent cannot raise the kids. Alternatively, they should prove that the children are at significant risk when living with the other parent. Evidence is a critical aspect of any sole parenting responsibility case. For instance, domestic or apprehended violence orders are a sure way to prove that the other parent has abusive tendencies. You might also have affidavits, police records and witness statements to show your spouse's violent history. If your partner has a mental condition that prevents them from executing parental responsibility, you will need reports and statements from doctors.
When giving a sole parenting order verdict, the judge prioritises the child's best interests. The judge therefore examines the presented evidence vis-à-vis the child's needs. For example, if you claim that your spouse is abusive or has anger issues, the judge could recommend supervised visitations to ensure the safety of the kid around the other parent. Moreover, the judge could ask you to live with the kids to protect them from a violent environment.
It is wise to lawyer up when seeking sole parental responsibility. A family law lawyer can explain the implications of seeking sole custody and the possibility of a positive outcome. For instance, the lawyer evaluates the authenticity of the presented evidence. If you want someone to testify during the proceedings, the lawyer vets the witness to ensure the information they intend to give in court is factual. The lawyer also explains the court's expectations. For instance, some activities, such as failing to honour the parental agreement, could be considered contempt of court and therefore negatively impact the judge's ruling. In other cases, the lawyer could ask you to avoid violent confrontations with your spouse since they could be used to weaken your case.