5 Tips on How to Increase Child Custody Visitation

Child custody visitation is a crucial issue that arises during and following parental separation or divorce.

It refers to the quantity of time a non-custodial parent spends with their child.

In Australia, child custody visitation is governed by the Family Law Act 1975, which specifies the legal requirements for parents regarding the custody and visitation of their children.

Is Visitation the Same as Custody?

Visitation and custody are distinct concepts in family law. Visitation, also known as access, refers to the non-custodial parent’s right to spend time with their child.

It focuses on the quality and quantity of time the non-custodial parent spends with the child. Custody, on the other hand, pertains to where the child primarily resides and involves decision-making authority regarding the child’s upbringing.

Custody arrangements determine the custodial parent’s responsibilities and the non-custodial parent’s visitation rights. While visitation grants access to the child, custody determines the child’s primary residence and the allocation of parental rights and responsibilities.

Also read: At What Age Can a Child Decide Who to Live With

What Does Child Custody Visitation Entail?

Child custody visitation refers to the legal arrangement that dictates how much time a non-custodial parent is permitted to spend with their child following a separation or divorce.

If the parents cannot agree, the court may intervene and make a decision based on the best interests of the child.

Depending on the requirements and circumstances of the child, the visitation schedule can range from supervised to unsupervised visits.

The purpose of child custody visitation is to ensure that the child maintains a meaningful relationship with both parents and that their emotional and physical health is protected.

Legal Requirements for Child Custody Visitation in Australia

Both parents have equal parental responsibility under the Family Law Act of 1975.

This implies that both parents are liable for making decisions regarding their child’s education, health, and religion.

Nonetheless, if it is in the child’s best interests, the court can grant sole parental responsibility to one parent.

Before making a decision regarding child custody visitation, the court considers several factors, including the child’s age, relationship with each parent, and current living situation.

The court’s primary concern is the best interests of the child, and it seeks to ensure that the child has a meaningful relationship with both parents and is safe from harm.

Also read: Is Child Custody Gender Bias? Statistics Have Revealed

Types of Child Custody Visitation Arrangements

Depending on the requirements and circumstances of the child, parents can agree on, or the court can order a variety of child custody visitation arrangements. The following are common categories of visitation arrangements:

• Supervised Visitation: This form of visitation requires the presence of a third party, such as a social worker, to ensure the child’s safety.
• Unsupervised Visitation: This form of visitation allows the non-custodial parent to spend time with the child without supervision, and is typically granted when the court is satisfied that the child is not at risk of harm.
• Virtual Visitation: This type of visitation uses technology, such as video conferencing, to enable the non-custodial parent to have contact with the child when they cannot be physically present.
• Overnight Visitation: This form of visitation permits the child to spend the night with the non-custodial parent, and it is typically granted when the child is older and has a positive relationship with the non-custodial parent.

How to Increase Visitation Rights

There are several steps you can take as a non-custodial parent attempting to increase your visitation rights:

• Talk to the custodial parent: The first step is to talk to the custodial parent and try to reach an agreement. Explain why you believe an increase in visitation is in your child’s best interests, and seek a mutually agreeable solution.
• Seek mediation: If you cannot reach an agreement with the custodial parent, you can seek the help of a mediator. A neutral third party assists both parents in reaching an agreement during mediation. It may be cheaper and faster than going to court.
• File a petition with the court: If mediation does not work, you can file a petition with the court to modify the visitation order. You must convince the court that a modification to the visitation schedule is in the best interests of the child.
• Provide evidence: To increase visitation rights, you may need to provide evidence to the court to support your case. This could be evidence of your involvement in your child’s life, such as in school or medical records, or testimony from family members or peers.
• Work with a lawyer: It is recommended that you work with a family lawyer who specialises in family law to assist you with the legal process. A child custody lawyer can guide you through the court system, offer legal counsel, and represent you in court.

It is essential to remember that the court’s primary concern is the child’s best interests. Therefore, any request to expand visitation rights must place the child’s welfare above all else.

Child Visitation Without Court Order

3 Options for Parents Who Wish to Arrange Child Visitation Without Court Order

When parents separate or divorce, child visitation arrangements can be a difficult process. While some parents may turn to the courts to establish a formal visitation agreement, others may wish to handle the matter on their own.

Here are several options available for parents who wish to arrange child visitation:

• Informal Arrangement: One option for parents who wish to arrange child visitation without court order is to make an informal agreement. This can include discussing and agreeing on the length of time the child will spend with each parent, as well as any other pertinent issues such as transportation and holiday plans. An informal agreement may appear to be a straightforward solution, but it is crucial to note that it is not legally binding. This means that there may be limited legal recourse if one parent decides to change the agreement or cease allowing the child to see the other parent.
• Work with a mediator: If you and the other parent can’t agree on visitation arrangements, you may need to explore alternative options. A mediator can facilitate discussions and negotiations between you and the other parent to reach a mutually acceptable visitation arrangement.
• Apply for a consent order: A consent order is a court-approved agreement between the parties that becomes a legally binding order. This means that if a party disobeys the court order, they may be held in contempt of court and penalised. To petition for a consent order, both parties must agree on the terms of the order and submit the required paperwork to the court. Before approving the order, the court will examine the agreement and may request additional information or clarification.

When Should a Parent Seek Legal Advice? | Child Visitation Without Court Order

If there are concerns about the child’s safety or well-being, it may not be appropriate to make an informal agreement or file for a consent order without first obtaining legal counsel. In some instances, it may be necessary to seek a court order to secure the child’s best interests.

Additionally, if you do not have a court order or informal agreement and the other parent is denying you access to your child, you should seek legal counsel. You may need to seek a court order to secure your visitation rights and safeguard your child’s best interests depending on the circumstances.

How Can a Parent Get Court-Ordered Visitations?

If you cannot reach a visitation agreement with the other parent, you may be required to seek court-ordered visitation. The following are the stages to obtaining court-ordered visitation:

• Contact a family law attorney: The first step is to seek the assistance of a lawyer. A lawyer can provide you with legal counsel and representation throughout the court proceedings.
• File an Initiating Application for visitation. Your lawyer can assist you in filing an Initiating Application for Visitation. The application should include the specifics of your requested visitation schedule and the reasons why you believe it is in your child’s best interests.
• Attend a hearing: The court will schedule a hearing after you submit your application. You and the other parent will have the opportunity to present your arguments and evidence during the hearing. The court will then make a visitation schedule determination based on the child’s best interests.
• Follow the court’s visitation order: It is essential to adhere to the court’s visitation order once it has made a decision. If the court’s order is disobeyed, there may be legal consequences.

It is important to remember that the court’s visitation decision may not be exactly what you had hoped for. However, it is crucial to prioritise your child’s best interests and strive to ensure a healthy and positive relationship between your child and both parents.

Can Interim Visitation Rights Be Issued to the Non-custodial Parent?

In certain circumstances, interim visitation rights can be granted to the non-custodial parent. The court may issue an interim visitation order to grant visitation rights to the non-custodial parent until a definitive custody and visitation order is established.

Interim visitation orders are typically issued when there is an immediate need to establish visitation.

Notably, temporary visitation orders are typically based on the child’s best interests, and the court will consider the child’s age, relationship with each parent, and any history of domestic violence or abuse when determining visitation.

Enforcing Child Custody Visitation Orders

Disobedience to a child custody visitation order is a serious offence with potential legal repercussions.

If a parent refuses to comply with a visitation order, the other parent may petition the court for a recovery order, which authorises the police to locate the child and return him or her to the custodial parent.

In addition to fining or imprisoning parents who violate a visitation order, the court may impose other sanctions.

When Is There a Need to Limit or Deny an Ex-spouse’s Visitation Rights?

Restricting or denying visitation rights is a serious matter that should not be taken casually. However, there are circumstances in which it may be necessary to secure the child’s safety and well-being. Here are some instances in which visitation rights may be restricted or denied:

• Abuse or Neglect: If there is evidence that the ex-partner has abused or neglected the child, it may be necessary to restrict or deny visitation rights. This could include physical, sexual, emotional, or neglectful maltreatment.
• Substance abuse: If the ex-spouse has a substance abuse problem and cannot care for the child safely, visitation rights may need to be restricted or denied.
• Mental illness: If the ex-spouse’s mental illness makes it hazardous for them to be alone with the child, visitation rights may need to be restricted or denied.
• Domestic violence: If there is a history of domestic violence between the parents, it may be necessary to limit or deny visitation rights to safeguard the child’s safety.
• Parental alienation: If the ex-spouse is actively attempting to turn the child against the other parent or is interfering with the child’s relationship with the other parent, visitation rights may be restricted or denied.

In situations where visitation rights must be restricted or denied, it is crucial to work with a family law attorney and adhere to the legal process. It is also essential to have supporting evidence and ensure that any decision made is in the child’s best interests.

Also read: Unfit Parent for Custody Australia

Ensuring Your Child’s Best Interests

Child custody visitation is an important concern that must be carefully considered by parents and the court.

The Family Law Act 1975 governs child custody visitation in Australia, and it is essential to adhere to these guidelines to ensure the best interests of the child are served.

By comprehending the legal requirements and types of visitation arrangements available, parents can create a plan that promotes the emotional and physical health of their child.