How Your Family Lawyer Can Help With A Sole Custody Issue

Law Blog

In the movies, couples sue each other for sole custody for the slightest reason. However, this is not the case in reality. If you live in Australia, read the information below on sole custody and how a family law solicitor can help out with the issue.  

What Is Sole Custody? 

Sole custody is when a court grants one parent absolute rights to their children. Typically, people who file for sole custody fear for their children's safety when they are with their former partner. For instance, it could be that the accused has a violent history or has physically or sexually assaulted the kids. 

How Do Judges Make Decisions On Sole Custody? 

Judges are bound by the law to use the principle of the child's best interests when giving a ruling on sole custody. As such, they will assess the conditions under which the sole custody application is made to establish whether the defendant will have absolute access to the kids. In severe cases (where the judge finds the parent entirely unable to conduct their parenting duties), the applicant will receive total rights to the kids. In other cases, the judge will rule that one parent lives with the kids. Alternatively, the judge could grant the respondent visitation and decision-making rights.  

What Should You Do If You Intend To File For Sole Custody? 

If you intend to file for sole custody, you bear the burden of proof. Therefore, you will need a lawyer's input to help build your case against the other party. Ideally, you will need to substantiate your claims with factual and relevant evidence. For instance, an apprehended violence order or a restraining order could be evidence of previous violent behaviour. Besides, you could have witnesses testify. Your lawyer will examine your situation and inform you of the most likely result. 

What Should You Do If You Your Spouse Files For Sole Custody? 

If you happen to be the respondent in a sole custody case, you also need a family lawyer to help you respond to your spouse's claims. It is essential to be truthful with your lawyer. Otherwise, they cannot effectively represent you. More often than not, the court will give temporary orders before determining the case. For instance, the judge could prohibit contact with your spouse and the kids. In this case, you must obey the court's orders. Failure to do so will work against you. Besides, you could be held in contempt of court. 

Sole custody is one of the most technical areas in family law. Regardless of whether you are the applicant or respondent, the services of a family law solicitor can be of great help. 


25 August 2021

Fact And Fiction: Accurate Information About The Law

I love reading novels that involve complex legal cases. I particularly enjoy those that are told from the defendant's viewpoint, but any well-written legal fiction will capture my imagination. My interest comes from being a court stenographer when I was much younger and seeing the dramas in real-life! Nothing irritates me more than a novel which includes legal fallacies. Fiction or not, I am a stickler for accuracy. I like to do research and check if a court case in one of my novels could play out in real life. It has become quite a hobby and I spend a lot of time in the law section of my university's library. I'm sure there are other people who are interested in the law for various reasons and I would like to share some of the knowledge I've gained. I hope you find my blog fascinating and worthwhile.