When parents separate or divorce, it can be a difficult time for everyone involved, especially children. But, while emotions may be running high, big decisions need to be made about where the children will live, how time will be shared, and who makes the final decision about their future.
Sometimes, parents can agree on these arrangements themselves or through mediation. In other cases, when disputes arise and common ground can’t be found, the Family Court may need to step in and decide what’s in the child’s best interests.
In this blog, we’ll get into how child custody works in Australia and most importantly, how to protect your child’s wellbeing through the process.
Understanding Child Custody Law in Australia
In Australia, child custody law is governed primarily by the Family Law Act 1975, which emphasises that the best interests of the child must be the most important consideration in all parenting and custody decisions. These laws encourage shared responsibility by both parents so the child can benefit from their support, even in spite of the separation.
But what happens when shared responsibility is not in the child’s best interests? In serious cases where neglect, abuse, or other harmful influences are a concern, the Family Court may grant sole custody to the other parent for the child’s safety.
What Happens If My Partner Poses a Risk to My Child?
If you have good reason to believe your child (or children) is not in safe hands with their other parent, then the onus would typically be on you to prove it in court.
Admissible proof is crucial if you want to win a child custody case, as you must show there’s genuine concern for the child’s safety, rather than simply being a personal conflict between parents.
Similarly, if parenting orders for the care and custody of the child have already been made and one parent breaks those orders, the other party must prove the breach of the parenting orders.
Gaining Evidence for Child Custody
When trying to win a child custody case or prove the breach of parenting orders, it’s essential to gather evidence that will stand up in court.
Some examples of evidence that may assist in proving your case include:
- Testimony from a third-party eyewitness or expert (such as a neighbour or a doctor)
- Documented evidence (like medical records, emails, texts, or police reports)
- Physical evidence (such as photographs, fingerprints, clothing, and so on)
Collecting this kind of evidence on your own can be overwhelming, especially during an emotionally charged separation. Many parents understandably feel unsure about what’s relevant, how to document it properly, and how to avoid crossing legal boundaries in the process. Legal advice should always be sought where appropriate.
Why Hire a Private Investigator for Child Custody Cases
If you’re aware that your partner is behaving in a negligent or potentially harmful way by providing unsuitable care, or breaching court orders relating to your child, hiring a private investigator for child custody investigations can help you gather admissible evidence in a lawful, ethical way – evidence that can stand up in court and protect your child’s best interests.
Ultimately, the goal isn’t to “win” a child custody case, but to ensure your child’s safety and wellbeing.
If you suspect your child is at risk, gathering evidence legally is essential to securing the right outcome. Be aware that attempting to provide proof on your own terms could harm your position in court.
Protect Your Child’s Future with Expert Help
At Lyonswood Investigations, we’re experienced in assisting parents with sensitive child custody matters. We understand how stressful and emotional these situations can be, and we’re committed to handling your concerns with discreet, ethical, and professional private investigations in Sydney.
If you need further support, you can also look at our website for more information about hiring an investigator for divorce.
The safety and future of you and your child are what matter most. If you’re facing uncertainty, contact Lyonswood Investigations for a confidential discussion about how an investigator can assist you.
