If you are separated or considering a separation, one the most important considerations is the ongoing wellbeing of your children.
You will need to make decisions about:
Where your children live;
What time they spend with the other parent;
If you and the children can relocate; and
Any other issues to ensure the ongoing safety and protection of your children.
In all matters that involve children, the Court will need to consider the best interests of the children prior to making an Order which sets out the parenting arrangements for the child or children. This step is necessary irrespective of whether you and your partner have reached agreement on the parenting arrangements or whether the Court is deciding the matter.
After consideration of the best interest factors, a Court will be able to determine if it is in your child’s best interest to spend equal time with each parent or if it is in your child’s best interest to live with one parent and to spend significant and substantial time with the other parent. A child spends significant and substantial time with the other parent if they spend time with the parent on school days, weekends, special occasions and school holidays.
It may be appropriate that the child/children live solely with one parent and have no contact with the other parent. In some situations it may be appropriate that the child/children live solely with an appropriate guardian and have no contact with either parent.
Application for Parenting Orders
Who can apply for Parenting Orders?
Either of the parents, of the child can apply for Orders so the child can live with them. They can also apply for Orders for the child to spend time with them during specified periods.
A grandparent or grandparents, of the child can apply to have Orders made for the child to live with them if they believe that neither parent is able to adequately care for the child or can apply for specific Orders about the time they spend with the child outside of the time that the child spends with each parent.
The child can, in certain circumstances, apply to the Court, with the assistance of an advocate, to seek Orders as to which parent they live with or the time that they do or do not spend with one of their parents.
Other persons who are interested in the care, wellbeing and development of a child can apply for parenting Orders. This could include a step-parent, sibling over 18 years, any member of the maternal or paternal family, or a person named under a Will of either parent as the child’s guardian in the event that one or both parents have passed away.
At msl our family law team has unique skills and expertise that will assist you to resolve your children’s matters. We have put together a team of family lawyers who have, along with their legal expertise, qualifications in psychology, behavioural science and mediation. This unique skill set enables our family lawyers to achieve optimal results in both private negotiations or as litigators in the Family Law Courts.
