What Are The Child's Best Interests In A Divorce? Call Saba Lawyers For Legal Advice Today!

PARRAMATTA, Australia - Oct. 25, 2016 - PRLog -- When a family splits up it can cause devastation to the children involved. But what is best for the children?

Of course every situation is different, but the Family Law Act of 1975 guide the handling of child custody cases based on the courts' primary and secondary considerations.

When a family splits up it can cause devastation to the children involved. Whether the parents were legally married to begin with or not, if a family unit existed and is now being dissolved, it can be traumatic to the young ones. Trying to do what is best for the children is the aim of most parents, and the stated goal of family courts.

But what is best for the children? Of course every situation is different, but the Family Law Act of 1975 guide the handling of child custody cases based on the courts' primary and secondary considerations.

Primary Legal Considerations

It's important for children to maintain meaningful relationships with both of their parents. Even when parents separate or divorce, both parents are still responsible for the care of the child until all children in the household have reached the age of 18.

The arrangements determined by the court will ideally involve the cooperation and shared responsibilities of both parents. Unless there is violence or other mitigating circumstances, this cooperation is healthiest for the child.

Protecting children from physical and psychological harm is a strong motivator in court decisions. The stated goal of the court is to prevent any child from 'being subjected or exposed to abuse, neglect, or family violence'.

Additional Legal Considerations

Depending on age and maturity, the court will take into account the child's relationship with each of their parents and grandparents as well as others who may be close to the child. The courts may decide to give weight to the child's views.

Some psychologists however believe it is unhealthy to make children choose one parent over another, whether implicitly or explicitly. Of course in the case of divorce, one parent will be the primary custodian and the other will have less visitation rights, however it's not fair to make children bear the burden of this decision.

Other circumstances the court will consider include:
• How well the parent fulfills the child's needs
• The child's stability of life, such as schooling and relationships with grandparents and other children
• How difficult it would be for the child to visit and maintain a relationship with both parents and other relatives
• Whether any family violence has ever been reported, and whether there is a current family violence order in place
• Any other negative events that may have occurred since the separation.

What Parents Can Do

Aside from the legal considerations in divorce cases, there are things each parent can do during a divorce to look out for the child's best interest. Despite the pain of divorce, try to agree together that the child's mental and emotional health is a priority. Even if you no longer want to be marital partners, you will still be partners in raising your children.

The most important thing you can do to minimise the emotional impact of divorce on children is to avoid fighting during and after the proceedings. If your children see you working together amicably, they will be less fearful of the changes they're forced to endure. If you can convince your ex partner to attend counselling, this can provide the opportunity to hash out arguments and let off steam, so you can present a unified front to the children.

If possible, settle the divorce through mediation rather than court. This is less traumatic for all involved, and allows the divorce to be resolved much faster than engaging in extended litigation. Under the Family Law Rules 2004, you may even be required to submit to mediation services or primary dispute resolution (PDR) before filing for the Family Law Court. If the situation can be resolved at this point, it is much healthier for your children.

If the parents involved in a divorce situation can agree that they want what is best for the children, then they can work together to make the process as painless as possible for all involved.

If you are seeking professional advice in the area of family law, come see Saba Lawyers today for an obligation free consultation. We have expertise in family law, criminal law and other areas within Sydney and surrounding metropolitan areas.

http://www.sabalawyers.com.au/

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