Children & Parenting
The process of dealing with matters relating to children in family law can be overwhelming for most people. Having the right guidance and support is essential for parents to ensure that they understand the paramount considerations that they, and a court, need to take into account when entering into discussions about what parenting arrangements are in the best interests of the children involved in a family breakdown. Therefore, it is especially important for parents, with the assistance of an experienced lawyer, to set out parenting arrangements that are forward-thinking and child-focused.
Does it Matter if We Were Not Married?
No. The same laws apply to all children whether the parents were married or in a de-facto relationship.
What is the Best Way to Make Arrangements for the Children?
The law encourages separated parents and other people interested in the welfare of children to try to agree on arrangements for children. It is best if you and the other parent decide together what to do about your children and consider the following:
- where the children will live, and who they will spend time with
- how the children will be financially supported
- how the children will maintain a relationship with both parents and other important people, such as grandparents and extended family.
Can Grandparents and Other Family Be Involved?
Other family members, like grandparents, stepparents, aunts, and uncles, can play an important part in children’s lives. They can be included in family dispute resolution, parenting plans, or court orders.
Do Children Have to Spend Equal Time with Each Parent?
No. The law says children should usually spend time with both of their parents, but it does not have to be equal time. Think about what arrangements are best for your children and what will work for your family. That may be:
- equal time;
- specific times on weekdays, weekends, holidays, and special events; or
- some other amount of time.
Try to create an arrangement where both parents believe the children’s needs are being met. This includes thinking about the quality of care the children will have and arrangements that make them feel safe and settled. If you cannot agree on how much time children will spend with each parent, we can assist you in applying to the court for a parenting order.
What if My Children Do Not Want to Visit Their Other Parent?
This will depend on the children’s ages and if there are court orders about spending time with that parent. If the children refuse to spend time with the other parent, you should encourage them to go if it is safe to do so. These issues can be quite complex and should be discussed with one of our experienced family lawyers.
How can Northcote Lawyers help?
It’s important to get advice from a lawyer to navigate you through the complexities of parenting after separation, especially when there are court orders or legal documents involved. Our experienced Family Law team at Northcote Lawyers can help you seamlessly transition into the parenting arrangements that work best for you and your family. Our reliable team is dedicated to working with you to meet your specific needs and answering all your difficult questions.
To speak with one of our experienced family lawyers, please contact our office by phone or make a booking online.
(03) 9486 1661
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