Child Custody

Time with your child is a gift and your highest priority in life whether you are married, defacto, separated or divorced. Certus Family Law understands that.

If parents live separately and share time with a child or children, Certus Family Law can:

In our experience, if one or both parents have psychological or short term emotional issues and are unable to put their child’s needs above their own, the child suffers abuse under the Family Law Act. If this is the case, Certus Family Law can guide you through:

Sometimes 50/50 (equal shared care) time between parents suits a child’s personality. Sometimes it doesn’t – even though the legislation states that a Judge MUST consider it.

If domestic violence is proven, the Judge does not have to consider equal time. Nevertheless, the Judge can and will still give equal shared care if your lawyer presents evidence to help you prove the child will not suffer harm. This is because the Judge must decide what is in the child’s best interests above everything.

Often in separation, hurt and anger, incidents occur between parents. This does not mean one parent will lose custody. The Judge will focus on whether a child will suffer harm in the future.
Once you are in the Court system, there are many family reports and psychological assessments that are ordered to assist the Judge in making their decision.

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