Parenting

A relationship breakdown can become complicated when there are children involved. Agreeing on new care arrangements for your children can be extremely difficult, and also emotionally challenging.

Settling children’s matters

All decisions and arrangements made by you and your former partner for your children must be in their best interest.

The Family Law Act 1975, focuses on the rights of children to have an ongoing relationship with both parents, so that while you may be separating from your partner or spouse this does not mean you are separating from your child or children.

Although the terms ‘custody’, ‘residence’, ‘contact’ and ‘access’ are no longer used regularly by family lawyers today, these issues are still of the highest level of concern for separating couples, namely:

• Who will the children live with?
• How will they spend time with the other parent?
• How will both of you be kept in the loop regarding important decisions such as education and health?

Shared parental responsibility

Parental responsibility refers to the duties, power, and authority you both have as parents for your children. As parents, you are required to consult with each other regarding long term decisions for your children, but this does not mean your children will spend half of their time with you, and half of their time with the other parent.

The Court will then consider whether an equal time arrangement is practical and in the best interest of your children. If the Court is not satisfied that it is in the best interest of your children to spend equal time between your households, then the Court must determine what amount of time and under what conditions are relevant to the children’s long term best interest.

How can parenting arrangements be made?

It is always best for you and your family to come to an agreement between yourselves about the ongoing care of your children.

This can happen through:

1. A verbal agreement between you both; or
2. A Parenting Plan; or
3. A Parenting Order.

Going to Court

If you and your former partner are unable to agree, then you may need to consider an application to the Federal Circuit and Family Court of Australia seeking for a Judge to make a decision as to what is in your children’s best interest.

Before you can apply to the Court, you will usually need to attend Family Dispute Resolution.

The Court can hear a wide range of matters relating to the children, including recovery orders, relocation disputes or Hague Convention (international child abduction) matters.

Where to next?

As lawyers experienced in this process, we can advise you on the complexities of your specific situation and guide you through what can be a stressful and confusing time. If your partner is agreeable, we can help you formalise parenting arrangements without resorting to costly Court proceedings.

If Court proceedings are the only way forward, we are deeply familiar with the court system and will advocate strongly for you and your children.

If you need any further assistance please contact [email protected] or call (07) 5536 1140 for a no-obligation discussion and for expert legal advice.