Parenting Matters

Often, you do not know just where you stand upon separation. How much time should the children spend with me and my now former partner? What is fair and reasonable? Should I consider equal time? Do the children get a voice?

The Law

Parenting arrangements which, a long time ago, were referred to as “custody and access” refers to the time that the child or children of a relationship spend with each parent or other persons relevant to the child/children’s lives.

There are a number of relevant considerations in determining these parenting arrangements. They include matters such as: ensuring children have the benefit of a meaningful relationship with both parents; the need to protect children from harm or risk of harm; the children’s views/wishes; their relationship with each of the parents as well as their other siblings and extended family members and other relevant considerations.

Every family circumstance is different and individual. Therefore, the relevance and weight attributed to each consideration might vary depending upon the family’s particular circumstances.

What we want to give you is knowledge and understanding – we want to share with you what we know about parenting law. We can also help you to negotiate a reasonable outcome.

Negotiating Parenting Arrangements

There are various ways to negotiate a parenting arrangement including:

  • The parents and other relevant adults themselves can discuss the parenting matters and reach their own agreement;

  • A Mediation can be arranged;

  • The parties can attend Family Dispute Resolution;

  • The parties can undertake a collaborative approach;

  • The parties can approach a solicitor and undertake some negotiations through that process; or

  • An appropriate Application can be made to the Court.

We can assist you with all of these options.

Formalising Parenting Arrangements

If agreement can be reached, there are various ways that the parenting arrangements can be formalised and documented, including:

  • Entering into Consent Orders;

  • Entering into and signing a Parenting Plan; or

  • Seeking an Order from the Court.

Each of the above options provide various advantages and disadvantages which must be weighed carefully and it is important that you seek legal advice in relation to your individual circumstances.

Types of Parenting Matters

Our office can assist you in relation to all parenting matters, including those involving:

  • Where the children primarily reside;

  • What time the children should spend with the other parent;

  • Recovery and/or Location Orders;

  • A Relocation application;

  • Applications by grandparents or other relevant adults;

  • Passport applications;

  • Paternity applications;

  • International parenting matters/disputes;

  • Adoption;

  • Change of name applications.