Protecting Children’s Welfare During a Separation

If you are have separated, or are considering separating from your partner and you have children, it is vital to ensure that they are well cared for and that their best interests are considered. The impact of separation on children should not be underestimated. If separating parents can agree on nothing else, most will agree that the children’s interests are paramount.

The law’s main consideration is what is the best interests of each child.

Parents will usually have joint parental responsibility. This means that both of you as parents will share the major decisions about your child, such as health and schooling.

Joint parental responsibility is different to living arrangements.  Living arrangements determine the time to be spent with each parent and this depends on the desire of the parent, the practicality of the time sought and the ability of a parent to create an appropriate living environment for the child and what is the best for your child.  Other factors are also taken into account when deciding on living arrangements.

Need Legal Advice?

Some of the children’s matters in which we provide advice and representation are:

• where and with whom the children are going to primarily live.
• how much time should each parent spend with his or her child.
• drafting orders setting out a detailed timetable for parents to follow – this creates certainty and consistency for the parents and children.
• settling disputes about children.
• representing parties in the Family Court of Australia and Federal Circuit Court of Australia in children’s matters – this can include requesting more time or seeking orders.
• Urgent court applications where a child is in danger or where a recovery order is necessary.

We will advise you as to what legal rights you have and where necessary, take steps to protect your legal position.

We try and avoid the need for going to court and prefer to reach a solution sooner.  If you and your partner cannot reach an agreement before going to court, we will guide you through the process. We regularly appear in the Family Court of Australia and the Federal Circuit Court of Australia in relation to children’s matters.

Our family lawyers are experienced and empathetic to our clients’ position, but tough and determined where required on the other party.

We have helped others and we can help you.

Call us now on 1300 907 335 or complete the contact form on this page and we will happily respond to you promptly.