What do I need to do to get custody of my children? They are living with their father but nothing has been legally put

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Customer: What do I need to do to get custody of my children?
JA: Who currently has legal custody?
Customer: They are living with their father but nothing has been legally put in writing
JA: Is there a child custody order in place?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I currently don't have my own place, I'm staying with a friend. I left the house I was sharing with my children's father because he blamed me for everything being wrong. I went to stay with my friend for one night then he wouldn't let me back in the house.
Answered by John Melis in 9 mins 1 year ago
John Melis
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John Melis
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John Melis, Expert

Hi, I am John Melis, the solicitor. I am in Australia. I want to thank you for taking the time to speak with me today.

Hopefully, together we can find the right path for you. May I suggest the following for your consideration?

To obtain custody of the child, you will need to raise proceedings in the family court. However, I suggest that you consider the following steps first.

Parenting can be resolved amicably without court proceedings through mediation.

The Family Relationship Centre is an excellent option.

The Court assumes equal responsibility for the care and provision of children. However, various factors will influence this assumption. Factors include the child's current care arrangements, finances, drug use, moral issues, and criminal behaviour.

Parents can agree between themselves about their children's care post-separation without involving any court process. This agreement is a "parenting plan". Parents are free to alter the terms of the parenting plans whenever they wish.

Alternatively, the parents can file proceedings in the Family Court to resolve the parenting matters.

The Family Law Act 1975 encourages parties to settle family disputes and use litigation in the court system only as a last resort.

I hope I’ve provided the information you were seeking. If you need more help, please let me know so l can continue to assist you.

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