Divorce can be a stressful situation for any couple and ensuring the best interests of the children involved is paramount. While litigation has traditionally been the path parents pursued to resolve custody disputes, many are discovering the valuable role that mediation can play in helping them reach an agreement on the care and upbringing of their children.
Rather than taking an adversarial approach to matters, mediation encourages both parties to reach a mutually agreeable stance on key matters relating to their children through the help of a neutral third-party mediator.
In this article, we will take a closer look at the role of mediation in Australian child custody cases, providing helpful insights for parents who are navigating the divorce process and the challenges of child custody disputes.
Legal Considerations
Mediation for child custody matters in Australia will be guided by the legislative framework which is provided by the Family Law Act 1975. The Act sets forth the guiding principles that should inform both parties’ decisions regarding the custody of their children. These include the following:
- Best interests of the child: The paramount consideration in deciding whether to make a particular parenting order in child custody cases, is the best interests of the child.
- Decision-making: The Act encourages both parents to consult each other about major long-term decisions about the care, welfare, and development of their child. This can include issues about their education, religious and cultural upbringing, health, name, and significant changes to their living arrangements.
- Child’s views: The Act recognizes the importance of considering the views of the child, by giving them the opportunity to express their views and ensuring they are appropriately taken into account.
To create a legally binding document, these principles should be factored into the custody agreement. This can be achieved by working with an Australian family lawyer who is experienced in child custody mediation.
The Benefits of Mediation
Mediation can be a particularly beneficial route for resolving child custody disputes for several reasons:
- Greater control over outcome: In contrast to court proceedings where a judge decides key matters based on the legal arguments presented, mediation offers parents a platform to express their wishes, views and opinions regarding their children’s welfare. As a result, a mediator can help parents reach a mutually agreeable position that is in the best interests of their children, giving them greater control of the final outcome.
- Reduces conflict: Mediation encourages communication and cooperation between parents as opposed to the combative stance often taken in litigious custody battles. This collaborative approach not only reduces conflict between the parties, helping them create a mutually agreeable parenting plan but also ensures a more healthy and harmonious arrangement for all parties concerned once the agreement is finalized and implemented.
- Faster decision-making: Mediation can expedite decision-making between the parties as sessions tend to be scheduled based on the availability of both parties. In addition, the non-adversarial stance of the parents, alongside facilitation by a trained mediator, makes it less likely for key matters to be prolonged or contested, as is often the case with litigation.
Mediation can play a valuable role in helping parents mutually agree on key matters relating to the welfare and upbringing of their children.
