Where Will My Children Live During a Divorce?

During a divorce, the separation of assets can be fairly straightforward or a tit-for-tat battle over the kettle. That’s enough stress as it is. Throw your children into the mix and all of a sudden matters become far more complex due to the emotional attachment you’ve formed for your loved ones. Where will your children live during a divorce? There’s no black or white answer to this question, as with many other facets of family law in Australia. The good news, however, is that there are some techniques you can apply to ensure that the outcome is more in your favour rather than less.

What the Family Court Sees

The Family Court of Australia has certain objectives in mind when deciding over your child’s custody during a divorce. These include:
  • The child/ren can maintain a loving and supportive life with the parents and family members.
  • Both parents are capable of responsibly supporting the child/ren.
  • The child/ren can remain safe and removed from violence or abuse.
Naturally, this would be considered the ideal arrangement. In reality, this often doesn’t happen and instead family lawyers will be required to negotiate for better outcomes for you and your child/ren.

What Do Children Require and What Should You Consider During Separation?

Love and affection certainly play an important emotional role between you and your children, but an effective strategy for obtaining custody should consider many factors, such as:
  • What is the child’s age?
  • Are the children accustomed to a particular routine or are they flexible?
  • Can you provide adequate notice if you must change the child’s routine?
  • Is it reasonably possible to arrange for quality time with you or your ex-spouse after the divorce? I.e. if there is a birthday party or national holiday, can you share custody if required?
  • Will the child have adequate exposure to friends, family, and significant persons in their life after the divorce?
  • Will the child be able to enjoy weekends and holidays with loved ones?
  • Does the child have adequate support in terms of schooling, health care, religious affiliation, etc.?
  • Can the child be exposed to their cultural upbringing or will significant changes be required?

Legal Resources

If you’re going through a divorce, the matter of child custody can be stressful and emotional. The Family Court of Australia has provided a helpful brochure entitled Marriage, families, and separation to help you get through this difficult time. Legal resources are plentiful and sound knowledge of the law will certainly help, but let’s face it, you’re likely emotionally involved and may have cloudy vision – not to mention an incomplete knowledge of family law in Australia. For this reason, family law experts in Australia such as National Family Lawyers can negotiate and settle a divorce on your behalf in a professional manner, removed from emotional factors that can, at worst, lead to long, drawn-out (thus costly) divorce proceedings.

National Family Lawyers

Family law in Australia can be a complex matter, not to mention stressful as well. Consult with a qualified professional at National Family Lawyers and confide with our legal experts in full confidentiality as you proceed from separation to divorce. We will assist you in obtaining a favourable outcome.

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