Child Custody & Parenting
Parental duties and responsibilities are enshrined in our Laws. By law, parents have two types of custody for their children - physical and legal custody. Parents can share both types of custody between them. In some situations, both types of custody can be held by one parent only. Unfortunately, a lot of parents are fighting over their children a lot. With proper guidance, we can help you to reduce this trend. Sometimes, a custody battle is necessary in order to protect the child. Other times, life takes a course of its own and parents find themselves fighting over their children unintendedly. Other times, the custody battle is over one parent’s desire to increase contact or visitation rights to their children and enforce their parental rights to their children. In some situations, the battle is over one parent’s wish to increase or have a say in making the decisions that relate to their child or the children’s welfare, education, medical or religion. ABMS LAWYERS will help you navigate the process and allow you to keep your attention where it matters most and belongs - parenting.
Resolving Parenting Disputes
There are considerations that the court takes into account when determining how much time a parent should spend with their child and when and where. These often include availability of a parent to look after their child, work schedules, locations of residences of parents, ages of the children, practicability of the arrangements being proposed and many other factors.
Contact / Spend Time With
“Contact “or “spend time with” is a very complex area of law because there is a criterion that governs how and when contact with a parent should occur and other considerations for each family's unique needs. There are two types of contact, namely; supervised and unsupervised. Supervised contact can occur at designated locations with a designated supervising centre or person for a limited time and with certain conditions attached. Unsupervised contact is just that, which means a parent can have contact with their child without anyone else being present to monitor or control the contact time between the parent and child. Orders can be made by the Court or by parents themselves by way of an agreement between them.
Contact issues can arise for De Facto parents, divorcing or divorced parents, after a specific incident, and during custody battles. Contact agreements can be modified any time there is a change in circumstance for one or both parents if required, especially by consent between parents. ABMS LAWYERS can assist you with making a case for contact time with your children or enforcing Court Orders when a parent has contravened an Order of the Court.
In many cases, the grandparent's visitation may have previously been denied following a divorce, and a judge will determine that continued visitation is in the best interests of the child. Sometimes, when parents’ divorce or separate, things can turn bad and battles ensue between family members. When their children separate or divorce, grandparents can easily feel isolated or excluded in their grandchildren’s lives especially if they were close to the grandchildren prior to separation or divorce. Our firm can help in this matter.