Parramatta & Sydney Child Custody Lawyers

Relocation of Children and How a Family Lawyer Can Help

Withstand Lawyers can give dependable advice on how to draft your proposal to relocate a child. Whether in Sydney or overseas, get the best advice from Withstand Lawyers’ team of Family Law practitioners who will deal with your concern with care and urgency only the best law firms can deliver.

Child custody lawyers here to assist in your time of need

When divorce happens, several consequences immediately come into play. If there are children who were born during the subsistence of the marriage, who will move with them?

There is a direct correlation between the incidence of divorce and the relocation of children, and both issues can heighten the emotions of both parents and children. Thus, when a divorce happens, the Family Law Act makes sure the best interest of the child is promoted.

In particular, the Family Law Act enumerates the rights of children and the responsibilities of parents, which include:

  • The right of children to know and be taken care of by both parents.
  • The right of children to communicate and to spend time in a regular basis with both parents and significant people, like grandparents
  • Duties and responsibilities pertaining to bringing up children must be shared by both parents
  • Future parenting of children must be agreed upon by parents
  • Parents must exercise parental responsibility in making important decisions that are bound to affect their children

Should there be any disagreement between parents, or persons with a de facto relationship, the Family Law Act requires that before going to court, a visit to a counsellor must first be made. But this rule is not inflexible. However, since court proceedings can be protracted as well as adversarial in nature, and will often drag children to court process, it is best to attempt at reaching an agreement.

How our Sydney and Parramatta child custody lawyers can help

It is always helpful to approach a family lawyer who will explain the steps that must be taken to be mindful of the best interest of the child. This is especially true when the issue of relocation is raised. The family practitioner will then help you to make a proposal that embodies the desires of the parent causing the preparation of the same.

When the other party is ready with his proposal, the proposals of both parties are compared with each other in the aspect of whether each contains provisions that promote your child’s best interests.

The court will ultimately decide if relocation is the best recourse, based on the following tests:

  • What are the child(ren)’s express wishes?
  • What is the nature of the children’s relationship with each party or with significant people, like a grandparent?
  • When changes are introduced in the child’s circumstances, what are the possible effects?
  • Will relocation make it difficult for the non-relocating party to maintain contact with the child?
  • Who is more capable in providing the child’s needs?
  • What is the child’s sex, the level of maturity, and the background?
  • How will the child be protected from physical or psychological harm caused or possibly be caused?
  • What is the attitude displayed by each party to the child?
  • Is there any incidence of violence involving the child and other member of the family?
  • Will the order of relocation make it unlikely or least likely for a court proceeding to ensue?
  • Are there any other factual circumstances that are relevant for the court?

Moreover, courts can protect the children by addressing all the controversies that can surface when a parental relationship breaks down. Generally, the court is interested in identifying —

  • The person who will make important decisions about the welfare of a child
  • The person who the child spends time with, the length of time and the frequency
  • The school name which the child attends
  • The name or nickname of the child
  • The place of residence of the child, with whom they live and whether a parent might decide to move the child to another city or country

Good to ask your trusted law firm

With the intricacies involved in child relocations, essential to your peace of mind will be to get a lawyer who will help you sort out the issues. With his legal expertise, he can

  • Help you by giving you a basic understanding of the law
  • Assist you to know your rights and obligations, as well as the children’s
  • Recommend counsellors as well as mediation services in your area
  • Make sure that should an agreement be reached it would be properly documented
  • Stand with and by you when litigation becomes necessary and the case goes to court

Talk to our child custody lawyers in Sydney and Parramatta

Withstand Lawyers know that the relocation of children is a complicated issue that often follows a divorce. If you would like to know more about child relocation, child support and spousal maintenance, get help from our lawyers experienced with child custody today by calling 1800 644 541.

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