Divorce and Child Custody

Put simply separation is when you and your partner stop living together as a ‘couple’. This applies to both married and de facto couples. Divorce is the legal ending of a marriage. To obtain a divorce, a married couple need to have been separated for 12 months with no chance of reuniting.

De Facto relationships that include children, fall under the same guidance given for married couples, as defined in the Family Law Act. Separated partners can still apply for parenting orders and arrange child support under the Child Support Act.

Whilst many separating parents seek ‘sole parenting’ or ‘sole custody’ arrangements, it is in fact more common for equal parenting responsibility to be held by both parents. However, in cases where this presumption is rebuttable, such as irresponsible or harmful conduct by one of the parents towards a child or the other parent, the Court may refuse a parent’s shared responsibility.

Both parents have shared responsibilities in regard to children’s matters, playing an equal role in deciding on important aspects of their life such as health or religion. Only when it is not in the child’s best interests will courts change this presumption.

Although there is no need to meet a specific age before a child’s wishes in a custody matter are considered, their emotional maturity is taken into consideration. This means the views of older children in their teens will be considered more seriously than young children.