Parenting Law Firm
We approach each case with a unique blend of legal expertise, empathy, and a commitment to fostering positive outcomes for families. We believe that effective legal representation in parenting cases goes beyond legal statutes; it requires a deep understanding of the emotional dynamics involved.
We provide compassionate and effective legal solutions tailored to your unique situation. These include matters concerning parental responsibilities, living arrangements, child support payments, relocation and recovery orders.
Parenting Arrangement (Custody) Post Separation
In separation, prioritising your child's/children’s well-being is crucial. Optimal arrangements involve sustaining loving ties with both parents and extended family, sharing parental responsibilities, and ensuring a safe, abuse-free environment for your child's upbringing.
There are a number of things to consider when making arrangements for a child following separation including:
Tailoring arrangements based on age appropriateness is essential. Differentiating between babies and older children ensures that their unique needs and developmental stages are met effectively.
Establishing a consistent routine while remaining adaptable.
Providing advance notice to the other parent or caregiver for any changes, especially for special occasions.
Planning time with other significant figures like grandparents, aunts and uncles.
Determining after-school care and holiday arrangements.
Addressing decisions regarding education, healthcare, extracurricular activities, and religious practices.
Ensuring the child's continued engagement with their cultural heritage.
What are the first steps in deciding parenting arrangements?
If you and the other parent are unable to reach an agreement about the parenting arrangements for your child, you will need to attend mediation with a Family Dispute Resolution Practitioner. Before filing any application for parenting orders in the Family Court parents must try to resolve their dispute by mediation.
A Family Dispute Resolution Practitioner is a qualified professional trained in family dispute resolution processes such as counselling and mediation. It is only in exceptional circumstances that the Court will not require parents to attend a mediation before filing in Court, such as family violence.
What happens if the other parent does not attend Family Dispute Resolution?
If you have made the effort to attend Family Dispute Resolution but the other parent didn't participate, the Family Dispute Resolution Practitioner will issue you a certificate confirming your willingness to engage and the other parent's absence. Once you have this certificate you can apply to the Court for parenting orders.
What will happen at Court?
When the court decides a parenting case they are bound by the Family Law Act, the primary focus is always on the child/children's best interests. Typically, the court starts with the presumption of equal shared parental responsibility, meaning both parents share major decisions about the child/children’s upbringing. However, this presumption changes if there is a history of child abuse or family violence. It is essential to understand that equal shared parental responsibility does not necessarily mean equal time spent with each parent.
The Family Law Act outlines the factors the court considers when making parenting orders, always prioritising the best interests of the child. These considerations are divided into primary and additional factors.
Primary considerations include:
The importance of children having a meaningful relationship with both parents.
Safeguarding children from physical and psychological harm, encompassing family violence, neglect, or any form of abuse. Protecting children from harm always takes precedence over other factors.
Additional considerations encompass:
Children's views, assessing their understanding and maturity. Children can choose not to express their views.
Relationships children share with parents and significant individuals like grandparents, siblings, and other relatives.
Parental involvement in major decisions about the children, their communication and time spent with them during and post-relationship, and meeting parental responsibilities, such as timely child support payments.
Potential impact on children from changes in living arrangements, including separation from family members important to their well-being.
Practical challenges and costs associated with children spending time with each parent.
Ability of parents and significant others to meet children's physical, emotional, and intellectual needs.
Cultural considerations, including the rights of Aboriginal or Torres Strait Islander children to their culture.
Parents' attitudes towards parenting responsibilities and their children.
Any family violence incidents involving the children or their family members.
Existing family violence orders, including those issued by the police.
Whether the proposed orders can minimize the risk of future court proceedings.
Any other factors deemed relevant by the court.
How much time will the other parent get at Court?
When the court grants equal shared parental responsibility, it also assesses whether it is feasible and in the child best interests to have equal or substantial and significant time with each parent.
Substantial and significant time means children spend time on weekdays, weekends, and holidays with each parent, and each parent is actively involved in their daily routines. This also encompasses special occasions like birthdays and school events.
In determining the practicality of such an arrangement, the court considers:
The impact on the children of equal or substantial and significant time.
The geographical distance between the parties involved.
Each parent's ability to cooperate and communicate regarding care.
Any other relevant factors the court deems important.
What is a Family Consultant?
Before a Court decides on the matters discussed above, the court might require involved parties to consult with a family consultant and produce a family report. Family consultants are experts that are psychologists and/or social workers who provide insights to the court in family law matters. They may conduct interviews with the children, the parties, and other important figures in the child's life. Often, they will spend time observing interactions between the child and the involved parties. Information shared with a family consultant is not confidential and can be presented as evidence in court.
What is an Independent Children’s Lawyer?
An Independent Children’s Lawyer is a lawyer who advocates for the best interests of the child. The Court appoints an Independent Children’s Lawyer when:
There are allegations of abuse or neglect concerning the child.
Parents are in high conflict and disagreement.
The child, if mature enough, wants to share their views.
Allegations of family violence are present.
One or both parents, or the child, face serious mental health issues.
The case involves intricate and complex issues.
Independent Children’s Lawyers prioritise the child's viewpoint while offering their own independent perspective on what is best for the child.
Their primary responsibilities include:
Gathering necessary evidence, including expert insights, for the Court.
Ensuring the child's participation in the proceedings aligns with their age, maturity, and the case's complexity.
Serving as a neutral intermediary between the child and parents and facilitating potential settlements.
Parenting Arrangements when dealing with a narcist, other personality disorders or mental health
Navigating co-parenting with another partner who suffers from personality disorders or mental illness presents unique challenges and stressors. These factors greatly influence parental dynamics and can make it hard to navigate the system. If you are facing a partner who ignores boundaries, lacks empathy, or struggles with structure and respect in parenting, you're not alone. We understand the complexities of such situations. We are here to help you protect your rights and advocate for your child's best interests.