Children’s matters are dealt with under the Family Law Act. When parties separate, whether married or de-facto relationship, the Court will apply the Family Law Act.
Under the Family Law Act there is a presumption of equal shared parental responsibility exists unless one party can prove that the other parent has engaged in domestic violence or there has been abuse of a child in question or another child of the family.
Equal shared parental responsibility means that the parties must consult each other when making long term decisions for the children such as what school the children will attend, religion, medical treatment, and the child’s name. The parties do not need to consult each other on short term decisions for the children for daily life activities such as what they eat, wear, watch on television , who they spend time with etc.
If the presumption of equal shared parental responsibility applies this does not mean one parent automatically gets equal time with the children. The court will look at equal time and in the event it is not reassembly practical will look at satanical and significant time.
The Court will consider the following in making an order in relation to the children: –
- The benefit of the children having a meaningful relationship with the parents;
- The need to protect the children from physical and mental harm;
- Views expressed by the children
- Nature of the relationship with each parent and others (including grandparents and other relatives)
- Level of cooperation between parties;
- Likely effect in changes of the child’s circumstances including effect of child being separated from a parent, other child or person;
- Difficulty and expense of the child spending time with the parent;
- Capacity of the parent to pay for the child;
- Maturity, background, gender of the child and parent including cultural background;
- Parental attitude towards child and parental responsibilities;
- Family violence;
- Making an order less likely to lead to further proceedings.
If you can reach an agreement in relation to children’s orders this can be documented through Consent Orders or a Parenting plan.
In the event you are struggling to reach an agreement in relation to the children contact us today, and we can provide various proposals and examples which are tailored to your specific circumstances.
We also assist in recovery orders, child’s passport applications, paternity disputes, changes in school, time and anything relating to children.
(1300 246 653)