Shane’s goal in all child parenting custody cases is to serve the best interests of children whose parents are separating or divorcing, and preserve crucial parent-child relationships.
Shane McClure will work with you to customise a parenting solution suitable for your circumstances. This means reaching an understanding of what is realistic, what is best for your children and what will best preserve and strengthen parent-child bonds.
The Australian Family Law Act 1975 outlines the law in detail that children have a right to enjoy a meaningful relationship with both of their parents, and to also be protected from harm. A court is required to give greater weight to the consideration of the need to protect children from harm, and Shane will guide you through what this means, and what you can do if you have concerns about your children’s safety.
The Australian Family Law Act 1975 also sets out to define Parental Responsibility and Parenting Time:
Parental responsibility means all of the duties, powers, responsibilities and authority that parents should ordinarily have in relation to their children.
Each parent ordinarily has parental responsibility for their child regardless of whether they are married, in a de facto relationship, were never in a relationship or otherwise. This means that both parents can independently make decisions about their child.
When the parents of a child under the age of 18 separate, they both continue to share parental responsibility for the child in this way, until a Court orders otherwise.
A court may decide it is in the best interests of the child to remove parental responsibility from one or both parents. A court can also decide to assign parental responsibility to a legal guardian.
If you feel that the other parent cannot provide your child with the protection they require, and fulfil the responsibilities parents have in relation to bringing up their children, you should seek legal advice as soon as possible.
There are no defined and automatic rules about what arrangements for which parent a child will live with or spend time with after their parents separate. This used to be called making custody or contact arrangements, and as a result many people now come to us for advice on child custody laws and ask for our help in getting custody of their children. The terms child custody or making custody are no longer used in Australian family law, and using these terms before the Court is now frowned upon and not appropriate within the current laws.
There is no rule that children must spend equal or “50:50” time with each parent, or just the weekends, or every second weekend.
Shane McClure recommends that it is best that both parents discuss their child’s individual needs, and each parent come to their own agreement about where their child will live, and how they will spend time with each of their parents.
There are all sorts of different ways that separated families can make sure that their children have ongoing relationships with both of their parents and to ensure that the children’s needs are taken care of.
If you and your former partner agree on the future arrangements for your children, you do not have to go to court. You can make a parenting agreement or obtain ‘consent orders’ for parenting orders approved by a court.
Even if you don’t agree on everything, but you agree that you do not need to go to court, you can utilise Shane McClure’s services for mediation and Family Dispute Resolution Mediation to assist you on fine-tuning your parenting and child custody arrangements.
Whether you are in Melbourne, Victoria, or otherwise, if the other parent is not agreeable with your proposed child custody parenting solution, or you were unable to reach an agreement at Family Dispute Resolution Mediation, Shane McClure can help you with your family law chid custody parenting dispute.
Shane McClure is up to date with the law and legal processes and will advise you on your rights and entitlements to have your matter heard in court, and what a court might ordinarily say in your circumstances, guiding you on the law and legal processes, every step along the way, to reach your desired outcome.
Other than being a child parenting custody family lawyer in Melbourne and Victoria, Shane also offers services in Mediation, Criminal, Family Law property, and Intervention Orders.
Shane McClure has vast experience in all array of family law matters, including court appearances and can advise on the necessary documents required for starting a new relationship, ending a relationship, parenting disputes, and property disputes. Click here to contact us and make an enquiry. Shane McClure has the understanding and compassion to help you move forward into the future.
Works tirelessly to protect the things that matter most to you
Shane translates his life experiences into practical legal advice.
Shane works hard to understand your story.
Shane doesn’t give up, give in, or quit.