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Divorce Guide |
Child custody and Domestic violence in AustraliaDomestic violence is the cause of many divorces in Australia. It leads to a break up in the marital life. Domestic violence causes a lot of pain and turmoil in the life of the victim. It is seen that, it is through domestic violence that a spouse tries to control the other spouse. There are many forms of domestic violence used for it. Some of the forms of domestic violence are as follows: Sexual Abuse- pressurizing a spouse for sexual behavior against their will is considered as sexual abuse according to law. It includes, rape, attacking reproductory body parts, etc. this is a criminal offence and is dealt with very strictly during getting divorce. Psychological abuse- constantly giving threats, humiliation, denial of things, etc come under Psychological abuse. Physical abuse- physically harming a spouse like slapping, hitting, pinching, grabbing, pulling hair, biting, forcing alcohol or drugs, etc are considered as physical abuse. Emotional abuse- constant calling names, verbally attacking your spouses self worth and self esteem, damaging other relations of the victim, etc come under emotional abuse. An entire chapter of crimes act is dedicated to domestic violence. You can report the abuse and get protection by getting Domestic violence orders (DVO). You should inform your divorce lawyer about the domestic violence in your marital life. This will help you to work through your divorce process and make a few things clear. It will help you to protect yourself and your kids from any further abuse in future. It is noticed that the intensity of domestic abuse increases during the process of separation and divorce. Factors considered while deciding child custody and visitation:There are some factors considered while deciding the child custody in Australia. In case if domestic violence involved in a divorce, following things are considered.
Domestic violence and child custody:If the reason of divorce is domestic violence, it has a lot of effect on the outcome of the case. The divorce lawyers handle domestic violence cases separately. Mediation is not used and orders from the judge against the abuser are issued. This affects the joint or legal custody of the children involved in divorce. The abuser parent is not allowed to have physical custody of the child. The parent is also not allowed to make any decisions regarding the child. Domestic violence and visitation rights:Domestic violence also affects the visitation rights of the abuser parent. The abusive parent may be denied any visitation to the child after the divorce. In case visitation is allowed, it may be under supervision. Overnight visitations are not allowed at least until the court is convinced about a change in behavior. Domestic violence is a serious crime. It affects the child custody and visitation rights if you are facing divorce. In case you are an abusive parent, you may face a lifetime punishment. You may not be allowed child custody and visitation of your child. It will affect your relationship with your child for a lifetime.
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Divorce in Australia
Divorce Advice for Australians Divorce GuideDirvorce in Europe
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