Armstrong Legal are Australian Family Lawyers located in Sydney, specialising in the areas of child custody laws, residence of children issues and how divorce in family law matters affect child custody cases.

In Australia, child custody laws and residence of children issues are governed primarily by the Family Law Act 1975 (Commonwealth). Any dispute can be determined by the Family Court, the Federal Magistrates Court or the Local Court.

The starting point in any dispute concerning child custody and where children will live is Section 65E of the Family Law Act 1975 which provides:

"In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration."

In cases involving the residence of children the immediate intervention of the Courts will normally proceed by way of 2 separate hearings, an interim hearing and a final hearing to determine child custody.

Divorce - Child Custody Law - Interim Hearing Process:

An interim child custody hearing will usually be allocated between 1 and 2 months after the filing of an application with the Court seeking interim orders. That hearing will usually proceed by the judicial officer reading any sworn statements (affidavits) relied upon by each of the parties, then hearing submissions from each party (i.e. what should be focussed on and conclude from the statements) and making a decision on what the arrangements for the child should be until the final hearing. There is generally no cross examination to test who is telling the truth and the proceedings at an interim hearing are not designed to get to the bottom of any issues and allegations. That is the role of the final hearing. The interim hearing is designed to put an arrangement in place that will protect children from harm and maintain the current status of their relationships with the parties at the time of the interim hearing until the final hearing.

Divorce - Child Custody - Final Hearing Process:

A final child custody hearing may be as late as a year from the date of the child custody application being filed, depending on the Court in which the application is to be heard. In some cases the delay may be longer.

At a final hearing all witnesses who have given sworn statements (affidavits) will usually be required to attend Court to be cross examined, all evidence is presented to the Judge, including any relevant documents. In some cases a report from a Court appointed counsellor, psychologist or psychiatrist who has interviewed the parties and observed the children, is presented to the Court. In those cases the counsellor may also be cross examined.

The parties then make submissions to the judge. After considering and weighing all of the evidence the judge then gives a decision on child custody and makes orders for the arrangements for the children until each of them reach 18 years old or until further orders are made by the Court.

At Armstrong Legal, we have specialist family lawyers who assist people through the difficulties associated with the breakdown of relationships, dicorce and issues in relation to child custody and residence of children. For expert advice in a FREE initial telephone inquiry please contact us:

Phone: 02 9261 4555
mailto:pmagee@armstronglegal.com.au

Armstrong Legal - Family Lawyers | Child Custody Laws | Divorce Law | Residence of Children Issues | Sydney Australia