Children and parenting issues

Children and parenting issues 4.50/5 (90.00%) 4 votes

Generally speaking, the Family Law Act requires that parents attempt to resolve parenting issues through negotiation and mediation prior to commencing proceedings in the Family Court. However it is important to obtain legal advice prior to mediation so you know your rights and obligations.

Hopefully the parties can reach an agreement which is in the children’s best interests. It is often desirable that the agreement be formalised by Consent Orders (which are filed in the Family Court) to make the agreement legally enforceable.

We can assist you with the preparation and drafting of the Consent Orders to ensure that all relevant issues are taken into account.

However if an agreement is not possible at mediation, a judicial decision may be required to decide issues such as:

  • Who the children should live with;
  • How much time the children spend with the parent they do not live with;
  • Who has parental responsibility for making decisions about education, medical issues or religious issues;
  • Issues regarding the welfare of the children;
  • Relocation of children

Some cases are so urgent that it is not possible to go through mediation and an application must be made to the Family Court immediately, for example:

  • Where allegations of child abuse or risk of child abuse are made
  • Where allegations of family violence or risk of family violence are made that are relevant to whether the Court should make or refuse to make a parenting order
  • Where there is a risk that the children will be removed from where they live without the consent of the other party

Terry has over 15 years experience in children’s matters and the expertise to provide strong and strategic legal representation. Contact us for your obligation free initial consultation and enquire about our reasonable rates.

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