settlement of child custody issue after the separation of the husband and wife
The ideal Family that almost everyone aspires is to have a happy life together living under one roof. While a lot of relationships end up with a happy family, not all couples who started their perfect family will end up they way they have planned it.
Break up of a family usually involves a lot of issues. Property settlements, subsistence, relationship of the couple are some of the few important issues that needs to be addressed. However, the one who will be affected the most by a family break up is the life of the child. Thus it is important that the primary concern in a family break up is to settle and arrange the general welfare of their child.
The Family Law Act 1975 provides several provisions that will ensure the protection of the best interest of the child. The financial support and care planning to the Child must be addressed by the party properly according to the Family Law Act. However in case when the parents failed to amicably settle these issues, they may bring the matter to the Court for proper disposition.
Child Custody is one of the most important matters that needs to be addressed in a family dispute. And under the law, there are two separate hearings that will afford the parties to ventilate their concerns which are Interim Hearing and Final Hearing.
Interim Child Custody Hearing is usually heard within 1 to 2 months after the filing of the Family Dispute in the Court. The Judicial Officer will read the subscribed statements of each party. Proceeding at this stage is only concerned to the settlement and arrangement of the parties with regards to their child. The primary concern is to protect the child from the possible damage of the separation process.
The Final Hearing Process will be the trial proper. Cross Examination, presentation of witnesses and evidence including the testimonies of the Family Consultant will be made before the Court. After these step, the case will be submitted for decision.
The Court will decide the case based on all the evidences and witnesses presented. It will always decide the case in a matter that is favourable to the general welfare and best interest of the Child. The order of the will include the Child Support and Care Arrangement of the Child including the Child Custody.
The said Order will be implemented until the 18th birthday of the child unless otherwise amended by the Court.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.