Legal Aid: A Blog About Laws And Legal Processes

Child Issues That Need the Expertise of a Family Lawyer

26 June 2020

Renee Bates

Family law is a branch of law that deals with family-related issues. One of the major issues that family lawyers handle is child abuse, child support, child custody, and child visitation. If you're looking to divorce your spouse and are concerned about your child, you should consult a lawyer for a favourable judgment.

1. Child Abuse

Child abuse is any form of emotional, physical, negligent, or sexual abuse treatment. Child abuse also qualifies as any form of exploitation that poses potential harm to a child's survival and health. Child abuse is an important determining factor when the court is granting child custody and visitation during divorce proceedings.

In matters involving child abuse, you'll need to involve a lawyer so they can determine whether you've sufficient grounds for proving that your ex-spouse was abusing your child. Depending on the form of child abuse, the court may rule in your favour in cases involving child custody. If the abuse was serious, your ex-spouse might face imprisonment.

2. Child Support

Child support in Australia is usually meant to ensure the welfare of the child is fully catered for. To apply for child support, you must go to the Department of Human Services or DHS. Furthermore, there is a complex formula used to determine a fair amount for child support.

Although you can make a separate agreement with your child regarding child support without involving the DHS, it might not be fair for you. Involving a family lawyer will ensure you get the right amount for child support. Additionally, your lawyer will help ensure that the paying parent is brought to book if they default on their payments.

3. Child Custody

In Australia, child custody is determined based on the best interests of the child. The Family Law Act defines conditions regarding child custody. There is a legal presumption of equal shared responsibility. However, if you want sole custody, there are certain conditions you need to satisfy for the court to grant it to you.

For example, the Family Law Act states that when you are seeking a sole parenting order, you need to prove that your ex-spouse poses a danger of violence to the child. A family lawyer will help present a family violence order to protect your child from being abused by your ex-spouse. Handling the legalities of gathering all the information to get sole custody requires the expertise of an attorney.

If you're in the middle of a divorce, you need to think about the best interests of your child. This is especially true if your ex-spouse is abusive, a drug addict, or poses a danger to your child. Involving family law services can help you get a fair trial with issues such as child abuse, child support, and child custody.

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