Children’s Matters & Parenting Orders
Separation is a difficult time and when children are involved, care must be taken to minimise the impact and stress that children feel as a result of a family breakdown.
Often, the emotions after separation are raw and it is difficult to communicate with the other parent as to what is in the best interest of your child/ren. This can make reaching an agreement difficult and stressful. There are however, many systems and resources in place and available to assist families during this time, and you should speak to us today about what resources may be appropriate and available to you.
The legislation currently in place encourages parents to attempt to resolve the matters in dispute without the need for costly and lengthy Litigation. The Family Law Act now makes it mandatory for any new Children’s Matter to proceed to Mediation prior to a parent commencing court proceedings. There are exceptions of course for those matters where a child is at risk or there has been a history of family violence and if you think this may apply to you, it is important that you obtain independent legal advice as early as possible.
It is a common misconception that a parent with primary care of a child/ren believes that as long as there are no Orders in place, they are able to do as they like and exclude the other parent from spending time with the child/ren or exclude the other parent from important decisions. This approach is incorrect and you should not fall into the trap of acting on this assumption.
Similarly, you should not assume that you are entitled to a 50/50 care arrangement as this may not be reasonable or practical for your child/ren. Whilst shared care is a consideration for the Court, it is not a mandatory requirement. You should remember that the Court looks at the best interests of the child/ren and what is most suitable and appropriate for them based on various criteria under the Act.
Get Legal Advice
At OMB, we can walk you through the complex requirements under the Family Law Act to make sure that you are aware of your rights and obligations as a parent and more importantly, the rights of your child/ren. We aim to provide you and your family with options and solutions in order to assist you in reaching an agreement. Where an agreement cannot be reached we will represent you through your legal action if Court intervention is required.
More About Children's Matters in Family Law:
For more information regarding Children’s Matters and Parenting Orders, see our Frequently Asked Questions. Alternatively, make an appointment with our Family Solicitor to obtain comprehensive advice.
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Family Law News
See attached news articles by OMB for more information and recent developments in this area of law: