Family Law in Australia: 4 Tips to Win a Child Custody Battle
Going through a divorce or child custody fight is a stressful process. Battling for your child's custody in court involves a lot of emotions from both the parents and the children. In a child custody battle, there is no guarantee that a particular parent will win. Therefore, it is important to understand various aspects of family law in Australia to increase the chances of winning a child custody case. Here are a few ways you can gain the upper hand in a child custody case.
Don't Focus on Your Ex-Spouse
Most parents think that criticising the other parent in court is the best way to win the court's favour. That's why it's not unusual to find parents revealing the flaws of their ex-spouse in court. However, these claims do not work well in court. In fact, they make you look petty.
A child custody hearing should be all about the child and what is best for them. To ensure the child gets the justice they deserve, the judge listens to each parent keenly to help them make a verdict that favours the child. A successful child custody case involves meeting all the child's emotional, physical and mental needs. Family law stipulates that the parent seeking custody must prove they can provide a good environment for the child.
Strive to Be a Part of the Child's Life
Apart from providing for your child's basic needs, it is also important to be a part of the child's life away from home. The parents should do things like attending parent/teacher meetings, being present in their extracurricular activities and picking them from school. Learning the names of their coaches and teachers and showing that you're always present goes a long way in strengthening your custody case.
Make Practical Requests Only
There is no way getting full custody would fit your schedule if you are juggling a full-time job and a part-time gig. That means your child will have to spend most of their day with a caretaker. If you are in such a situation, you need to know the practical requests you should make before you go to court.
For instance, if you have to drive an hour from work to get to your child's school, work to change your circumstances first before asking for full custody. The judge doesn't expect separation or divorce to affect the quality of your child's life.
Seek Expert Legal Advice
It is easy to make mistakes that may weaken your case since you are not familiar with all aspects of family law in Australia. Therefore, work with an experienced family lawyer throughout the custody hearing. Your solicitor will advise you on what you should or shouldn't do to increase your winning chances. They will also remain objective, as they understand how emotional and devastating a family law case can be.
Though a child custody case is not easy, you can use the tips above to broaden your winning edge. Working with a family lawyer from the start will help you avoid making mistakes that could hurt your case.