Child Custody Lawyers in Forster

Mediation is a process where a neutral third party helps parents discuss and resolve disputes over custody, visitation and decision-making. It encourages open communication and collaboration, aiming to create agreements that prioritise the children’s best interests. 

Mediation avoids the adversarial nature of court proceedings, often leading to faster and more cost-effective solutions. Agreements reached during mediation can be formalised into legally binding documents, providing clarity for both parents.

Courts and mediators prioritise the best interests of the child when determining custody arrangements. Factors include the child’s age, relationship with each parent, their safety and well-being and the ability of each parent to provide care. 

Consideration is also given to the child’s wishes, depending on their age and maturity. Both parents are encouraged to share responsibilities unless safety concerns exist, such as family violence or neglect.

Mediation agreements are not automatically legally binding but can be formalised into parenting plans or consent orders. A parenting plan is a written agreement signed by both parents, outlining custody and visitation arrangements. 

While not enforceable by law, it holds significant weight in court. Consent orders, however, are legally binding and enforceable, providing greater certainty. Legal professionals can assist in drafting these documents.

If mediation does not lead to an agreement, the dispute may proceed to court. The court will make decisions based on the child’s best interests, often requiring detailed evidence from both parents. Mediation attempts are generally required before initiating court proceedings, except in urgent cases involving safety concerns. Legal representation looks to ensure your rights and interests are protected during this process.