Divorce is never a pleasant experience. There will always be damage done for all parties involved, especially the children. While it is always best to avoid the pain of going through a divorce, there are times when it becomes the only solution.
In this case, it is best to consult law firms that engage in family law. They are found in cities like Townsville and can offer advice on various legal remedies like dispute resolution and property conveyancing if properties are involved. It is best to approach them when divorce becomes inevitable.
It should be remembered that while it is usually a mutual decision for both parents to divorce, the children do not have a voice and they are often the ones who need to make the most adjustments. Therefore, it is best to keep them in mind when the ex-parents take to court.
Best Interest of the Child
When deciding on whom to award primary custody, the main consideration of the court is the best interest of the child. There are factors that will determine this.
Stability is the first consideration. During the divorce proceedings, the court will award custody to one of the parents. The court would usually uphold the primary custody of that parent, for the simple reason that it would be better for the children to stay where they are. If that parent is also the primary caretaker of the child even before the divorce, then it also works in his/her favor.
The court will also check on the child care capacity of both parents. If the primary caretaker is unable to provide this, for any reason, then the court could take action and award custody to the other parent. There has to be a compelling reason for this, like any mental or physical deficiency. Any involvement with drugs and alcohol or violent tendencies would also forfeit custody.
Out of Court Settlement
The circumstances surrounding the divorce will greatly affect the civility and tone of the proceedings. For divorces where one party was wronged, due to infidelity or abuse, there is bound to be some animosity. In cases where the divorce is a mutual decision, the chances of a settlement are higher.
Attorneys would often advise their clients to take the settlement whenever an acceptable deal is offered. They suggest mediation or collaborative law in order to reach an agreement. Even in the midst of a divorce hearing, these methods have had considerable success.
Honest Self-Assessment to Protect the Welfare of the Child
To avoid contentious disputes, estranged parents should make an honest assessment of themselves. This is not easy since it involves admissions of fault and weakness, but the court will always place the child’s welfare at the foreground.
There is no “best” way to cope with divorce, but the path of less damage would mean minimizing the changes in the child’s life. If it can be arranged, the child should not transfer schools and should also be provided with all his or her physical needs. Whichever parent is able to better provide this should have the primary custody, and on that point, visitation arrangements can be worked on.
The court is clear in its position to protect the welfare of the child. The parents should respect this statute and abide by the wisdom of this policy. This way, a lengthy and contentious trial can be avoided.