The breakdown of a relationship can be quite complicated and stressful for everyone involved. It can be even more stressful when yur children are involved.
The Family Law Act states that the rights and well being of a child of a marriage or a relationship is paramount. The Courts take the well being of children very seriously.
Both the Family Court of Australia and the Federal Circuit Court of Australia require that families with a dispute about their children attempt to resolve their conflict by mediation. The Court will not hear an Application about childrens’ matters unless the parties have first attended mediation. The reason for this is to see whether the parties to a relationship can come to their own agreement about their children to avoid having to start long drawn out court proceedings which can be very stressful, not to mention very expensive.
The Family Law Act has changed the way the Courts deal with issues regarding children. The Courts will initially begin with a requirement that both parents have equal roles in deciding major issues in respect of their children. However, the Act does not state how parents are to exercise this right. In the absence of an agreement between the parents, this can be overcome by creating Parenting Plan or Parenting Order.
the Court will initially consider whether it is appropriate that the children spend equal time with both parents. Various factors wil be considered by the Judges as they consider what they believe is in the best interests of the child.
The law provides that parental responsibility ends once the child turns 18 years of age or the child is adopted.
Each parent has a right to have a relationship with their children. The children also have the right to a relationship with both parents. Many years ago it was often the view of the Court that one parent would be favoured over another. The Court now takes a different view. It is now widely recognised that both parents have an important role to play in the childrens’ lives.
Each matter is different and there is no formula when it comes to children and parenting matters. The amount of time that you spend/live with the children will be detrmined by many different factors imposed by law.
Brazel Moore Lawyers understand that going through a separation is a very stressful time in your life and can help you to navigate your way through what can be a very confusing time. We will talk to you in plain English and will keep you informed every step of the way. We will make every effort to settle your matte before having to proceed to Court to not only save you a lot of time and stress but also saving you on expensive costs for lengthy Court proceedings.
If you are separating and your not quite sure where to turn or what to do next call Kim Lawson for a free initial confidential chat on (02) 4324 7699.