In most cases, it’s better if you and your partner agree to settle on as many issues as possible without the involvement of the Family Court system. The Family Court Litigation is a serious step. It’s not one that you can take lightly. It might not even be necessary for your circumstances. If you aren’t sure, though, then consult a lawyer. If you and your partner can’t decide about child custody, though, then hiring legal help is essential as your lawyer can assist you in ensuring you get full custody if that’s the arrangement you want and if it’s the best one for the child. In some cases, though, the children are allowed to participate in the process.
Hire a Lawyer
When the conference ends, the Family Consultant will prepare a report for the judge in which highlights the issues in the dispute. The judge will then make recommendations based on that report and how the matter will proceed. To learn more about this step, you’ll need to look for a child custody lawyer. It’s one of the most important decisions you will make. A good lawyer can improve your chances of getting the outcome you want.
Prepare for the Case
Aside from getting legal counsel, you need to prepare your case. Read the factors that affect how the court decides about children in these cases by going over the Family Law Act 1975 (the Act). There’s also information that could be helpful to you in the s 60CC of the Act. Consider the factors that apply in your case. If they’re relevant, you can expect your lawyer to bring the court’s attention to these factors. Still, it wouldn’t hurt to prepare for the case by going over the sections. The court will compare the Act to the details in your case and will consider the decisions of the judges. The decisions are called case law. Case law is typically used with the Act to come up with decisions in family law cases. Knowing all about these cases will help you learn more about the case and what might happen.
There are no long contact, resident, or specific issue orders. There are now called parenting orders instead. Parents can apply for parenting orders. Grandparents, too, along with other relatives have that power as long as they are concerned about the welfare of the child. They can be included in the parenting orders as long as their involvement is in the best interests of the child. However, before you apply for parenting orders, you’ll need to participate in a family dispute resolution. Find out if this applies in your case. If you apply to change a parenting order, this is the same step that you need to take. Discuss your options with a child custody lawyer to figure out what your next step is.
Each party pays for the costs they incur. However, you may still share some cases if you need to hire an independent children’s lawyer or have a family report prepared. The court may also order one party to pay for all or some of the expenses of the other party. This doesn’t happen very often, but it can. If you are concerned about the costs or you feel like you need to settle to avoid the costs, talk to a good lawyer.
Children The judge may ask to talk to your kids. Again, this doesn’t happen very often. But the court may directly communicate with the kids or talk to the independent children’s lawyer or the family consultant for more insight. The resulting report will be used in the case. Also, you’ll want to talk to your kids as you and your partner move through the stages of child custody. This is also important if the judge wishes to talk to the kids. It might make them nervous, so you’ll want to talk to them about the process, what they can expect, and what answers they can give. You can do this on your own or do it together with your lawyer. You don’t have to give them what you may deem as correct answers or let them practice what to say. Just tell them to be honest, to answer the question without saying anything else that isn’t necessary for a court of law. Their answer can impact the decisions of the judges, so make sure your children know the gravity of the questions that the judges will ask them in court. It could be a major deciding factor in your child custody case.