Drafting Your Parenting Plan Expectations: Seeking Sole Custody in Australia [Sample Draft included]
This guide is designed to help you draft your expectations for a parenting plan, focusing on seeking sole custody due to your ex-partner's prolonged absence and history of domestic violence (DV).
There are two ways a parenting order can be made by the court:
- By consent, if the parents agree to the parenting arrangements – these orders are often referred to as Consent Orders; or
- By the court after a parent files an application and there is a hearing.
Understanding Custody Options (Australia):
Australian family law prioritizes the best interests of the child. There are various custody arrangements, and the specific terminology might differ slightly between states. Here's a general overview:
- Sole Parental Responsibility: You would have the exclusive legal authority to make decisions regarding the child's upbringing, residence, education, and medical care. The other parent would generally not have any decision-making rights.
- Primary Care: This arrangement grants you the primary residence of the child, with the other parent having defined visitation rights.
Considering Your Situation:
Given the 10-year absence and DV history, seeking sole custody seems reasonable. However, the court will consider all aspects of the situation.
Drafting Your Expectations:
Here's a breakdown of key areas to address in your draft, focusing on your arguments for sole custody:
1. Child's Needs and Wellbeing:
- Focus on your child's stability and routine you've established over the past 10 years.
- Highlight any potential disruption to their well-being if significant changes occur in their living arrangements or decision-making authority.
2. Ex-partner's Absence and DV History:
- Provide a clear timeline of the ex-partner's absence from the child's life.
- Explain how this absence has impacted the child and their relationship with the other parent.
- If there's documented evidence of DV, include details (redacted for anonymity if online).
3. Your Capacity to Care for the Child:
- Outline your ability to meet the child's physical and emotional needs.
- Mention your established routine, stable home environment, and support system.
4. Decision-Making:
- Emphasize the importance of consistent decision-making in the child's best interests.
- Explain why sole parental responsibility is necessary to ensure continuity and avoid potential conflict.
5. Visitation (if applicable):
- If you're open to some form of visitation, outline your proposed schedule and conditions.
- Prioritize the child's well-being and consider factors like their age, extracurricular activities, and sleep schedule.
- Evening and weekend visits might be more manageable than overnight stays initially, considering the child's established routine with you.
Sample Points for Your Draft (for illustrative purposes only):
- "[Child's Name] has thrived in the stable and loving environment I've provided for the past 10 years. Introducing significant changes to their living arrangements or decision-making authority could be detrimental to their well-being."
- "[Ex-partner's Name] has been absent from [Child's Name]'s life for the past [Number] years. This lack of involvement has created a significant gap in their relationship."
- "[Include details of any documented DV incidents, redacted for anonymity if online]."
- "I have the established routines, stable home environment, and support system necessary to continue meeting [Child's Name]'s physical and emotional needs effectively."
- "Sole parental responsibility would ensure consistent decision-making in the child's best interests and avoid potential conflict arising from differing parenting styles."
- "If the court deems visitation appropriate, I propose [Specific schedule and conditions that prioritize the child's comfort and well-being]."
Important Note:
- This is a sample structure, and the specific content will depend on your unique situation.
- Consider including evidence to support your claims, such as school reports, daycare records, or witness statements (if applicable).
Seeking Legal Help:
While this guide provides a starting point, strongly consider seeking legal advice from a family lawyer experienced in child custody matters. They can review your situation, advise on the most suitable custody arrangement to pursue, and represent you in court negotiations or mediation.
Remember:
- The court's primary concern is the child's best interests.
- Prioritize clear and concise communication, focusing on the child's needs and stability.
- Legal representation can significantly increase your chances of a successful outcome.
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