Children & parenting
Our family attorneys are here to assist you in negotiating parenting arrangements with your partner. If needed we can connect you with counseling services to facilitate this process.
Children & parenting
When you have children and decide to separate, one of your primary concerns should be establishing living arrangements that prioritise their well-being. It's essential to ensure that these arrangements are made with your children’s best interests in mind.
There is no one-size-fits-all custody arrangement. In many cases, a child may primarily reside with one parent while spending time with the other. In other situations, a child might split his/her time evenly between both parents. The right agreement varies from family to family.
If you and your partner come to an agreement, we can help formalize it through legal documentation, allowing you to avoid going to court. However, court orders may not be necessary for everyone. We can discuss whether they would be beneficial in your case and provide guidance on creating parenting plans or other informal agreements.
Additionally, grandparents and other important figures in a child’s life may want to ensure they maintain their relationship with the child following a separation. Our family lawyers have experience representing family members in various scenarios, including cases where parents are unable to care for their children.
If you and your partner are unable to agree on parenting matters, or if there are urgent concerns that need addressing, court proceedings may be required. We can represent you in court and help you navigate what can often be a complicated process. With our knowledge and experience, you can trust that your case will be effectively presented to achieve the best possible outcome for your children.
Our family attorneys can also provide guidance on your responsibilities regarding financial support for your children.
Frequently asked questions
Q1
Is it necessary for children to split their time equally between parents?
No, parents have the flexibility to agree on any living arrangements that suit their children’s needs. If parents are unable to come to a consensus regarding these arrangements, they can seek a determination from the Family Court. The Court’s primary focus will be on what serves the best interests of the children. While it may determine that equal time with each parent is beneficial, this is not a requirement in every situation.
Q2
What is parental responsibility?
Parental responsibility refers to the authority to make significant decisions regarding the children’s upbringing.
Parental Responsibility by definition goes to both parents unless special circumstances apply or different arrangements are determined based on the best interests of the child. Parents can agree on Parental Responsibility arrangements, or the court may intervene if an agreement cannot be reached.
Q3
How can I obtain custody of my children?
The term “childcare”, “custody” or “residential rights” refers to the parent the children will reside with and who will have the authority to make day to day decisions on their behalf.
If parents are unable to reach an agreement on these matters, they can request that the Court make a determination. The Court’s primary focus will be the best interests of the children when reaching a decision. A variety of factors will be taken into account to determine what is most beneficial for the child.
The Court will issue orders regarding where the children will “live” and how much time they will “spend” with each parent, as well as who will hold “child care and custody”.
Q4
What should I do if my child doesn’t want to see the other parent?
When parents are separated and cannot agree on arrangements for their child, they may ask the court to intervene. In these situations, the court will take several factors into account.
One important factor is the child’s expressed wishes, which are certainly considered in determining visitation with the other parent. However, the child’s preferences are not the sole factor influencing the court’s decision.
The court must also assess other aspects, such as the advantages of maintaining a relationship with the other parent and with other important figures in the child’s life, like grandparents and extended family members.
Ultimately, the court will balance these considerations along with factors like the safety of the child and their caregivers when deciding on visitation arrangements.
Our experienced family attorneys can provide guidance on what may be considered reasonable and appropriate in your circumstances, as well as outline your options. We can also assist you in filing or responding to an application regarding parenting arrangements, ensuring that all pertinent factors are presented and thoroughly considered by the court.