Five Common Myths About Family Lawyers in Australia

The law can be quite a tricky topic of discussion, and family law in Melbourne, Australia can be a bit overwhelming and confusing which is why we are bringing you this helpful list of five of the most common myths about family law.

First Myth: The courts are against fathers in general.

This is not true at all and in so many cases or conversations you hear this myth brought up. The courts are looking out for the best interests of the child(ren) and if that means being with or being without the father, the ultimate goal is to place the child(ren) in a safe and supportive environment. When a very young child is placed with their mother for majority of the time it is because that child(ren) have had a bond with mum since birth and it is a more stable environment for them (in most cases unless mum is on drugs, or has other reasons being with her is not safe.)

Second Myth: Only Natural Parents Have Any Rights.

This is a widely stated myth as well; most times other family members think they have no legal right to pursue custody of a child or children because they are not the natural parents. Truth be told if the natural parents’ environments are not safe for children then the children can be placed in the care of other family members. There are many cases where grandparents seek and obtain custody of a child or children because the natural parents aren’t capable of providing a safe environment for them.

Third Myth: Custody and visitation regarding pets.

Pets are viewed as property in the Australian courts so you will not be able to get court ordered custody nor visitation. This is something that will have to be worked out between you and your partner; the courts are more concerned with children rather than pets.

Fourth Myth: The courts will take the child’s desires into account.

This may be true with older children, like 15 and 16-year-olds but the court won’t really take this into full account with younger children. While the court will take into account the child’s desires to be with one parent or another their main concern will still be what is in the best interests of that child, not what the child wants but rather what they need.

Fifth Myth: One parent can falsely accuse the other of abuse to gain more custody or payments.

The Australian courts see this a lot some accusations are truthful while others are not and the courts are good at determining false accusations from real ones. The courts look very carefully on these accusations and rule accordingly. These awesome tips have been shared to us by one of the best family lawyers in melbourne who specialise in divorce, separation and property disputes across melbourne.

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