Child Custody In Divorce: The 10 Most Common Questions

In this eye-opening and practical episode,a seasoned family lawyer helps to unpack the 10 most frequently asked questions about child custody in Australia.

Whether you're fresh out of a breakup, preparing for court, or trying to figure out what your rights are, this episode is packed with general education and emotional clarity every separated parent needs. From understanding how courts decide who gets custody, to navigating situations involving domestic violence, high-conflict co-parents, and parenting plans this episode helps you gain a better understanding of what's what in child custody issues.

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🎧 Listen to This Episode If You...

• Are recently separated and unsure where to start
  
  

• Want to learn how to understand your parental rights in court
  
  

• Are co-parenting with someone difficult, absent, or controlling
  
  

• Are trying to protect your child from a harmful environment
  
  

• Need clarity around parenting plans vs court orders
  
  

• Are preparing to go to family court
  
  

• Feel overwhelmed by legal jargon and want straight answers
  
  

⚠️ Trigger Warning:
This episode includes discussions about family and domestic violence.

📌 Legal Disclaimer:
This podcast provides general information only and does not constitute legal advice. Every family law case is different, and you should always seek professional legal support specific to your circumstances.

 

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📌 Episodes Mentioned in This Episode:

• Official Parenting Orders: Do I really need them?
  🎧 https://open.spotify.com/episode/7xeIIHEDcFPKwtVZ54fM67?si=vwYKXPZHRRCISokEuc2D-Q
  
  

• Case Mentioned:
  Isles & Nelissen [2022] FedcFAMC1A 97 – an “unacceptable risk” family court case
  
  

 

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📚 Links & Resources

• 🧾 Word Salad Checklist (Download) - https://www.thedivorcecourse.com.au/wordsaladchecklist

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• 📞 1800 RESPECT – Support for family and domestic violence
  
  

• 📞 Lifeline (13 11 14) – Mental health and emotional support
  
  

• 📞 000 – In case of immediate danger
  
  

 

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⏱️ Timeline Summary

00:00 Introduction and Trigger Warnings

01:02 Understanding Child Custody

02:08 Immediate Steps After Separation

03:19 Consent Orders vs Parenting Plans

04:33 High Conflict Situations

05:56 What is the Best Interests of the Child

15:07 What is the difference between Legal vs Physical Custody

18:39 Domestic Violence and Custody

23:33 Surgical Risk and Legal Analogies

24:21 Can