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Children’s Matters
No matter what your situation is I will work with you to ensure that your interests are represented in what is invariably a difficult and challenging time for a parent. There is no one right answer when it comes to children’s living arrangements as each matter is unique.
Once I understand your situation and your wishes for your children I can advise you of the options available to resolve your matter which puts your children’s interests first.
The desire of most children from separating families is to continue to have relationships with both of their parents and to have their parents present to support them in important moments in their lives.
When a family separates it can be an upsetting and unsettling time for children. The transition can be made easier for children if both parents focus on putting their children’s needs first.
“Children have the right to know and have a relationship with both of their parents where it is safe for them to do so.”
It is important to obtain legal advice early as the pattern of care put in place at separation can invoke a status quo going forwards which sometimes cannot be changed. I can provide you with advice before you agree to a pattern of care for your children after you separate.
Your children’s living arrangements are governed by the Family Law Act 1975 (Cth) as amended. In most cases both parents have the joint responsibility for making long term decisions about their children’s health, welfare, education and religion even though children may live with one parent and spend time with the other.
Resolve Children’s Matters Amicably
I have assisted hundreds of clients resolve their children’s matters amicably with either a Parenting Plan or Court Consent Order being put in place.
When both parents focus on what is best for their children and put any animosity they have for each other aside they often reach an amicable agreement quickly which lets the whole family move forward with their new lives and keep legal costs down.
The issues I can assist you resolve include:
- Is an equal time arrangement suitable?
- If not, which parent should a child live with and spend time with?
- The pattern of care/schedule for your child’s living arrangements
- School holiday time
- Special occasion time including Christmas and other Religious Celebrations
- Medical treatment including arrangements for emergency situations
- What school your child attends
- Extra-curricular sporting and social activities your child attends
- Communicating with the other parent
Court
Sometimes urgent Court Proceedings have to be issued to protect your children. I act swiftly in these situations to bring your matter before a Judge and have urgent orders made to protect your children.
I have significant experience in successfully litigating difficult children’s matters involving:
- Family violence
- Restraining a parent from taking the children out of Australia
- Delivering up Children’s Passports for safe keeping
- Child relocation matters (interstate and overseas)
- Supervision of a parent’s time with a child
- Restraining a parent from consuming alcohol or drugs prior to or during the children’s time with them
- Restraining a parent from denigrating the other parent
- Restraining a parent from discussing parenting matters and court proceedings with the children
- Parental alienation
- Children with special needs
- Children’s living arrangements
Grandparents
Where one parent is absent in a child’s life it can be in the best interests of a child to have a meaningful relationship and spend regular time with their grandparents. It is important for children to know their extended family members, spend time with them and enjoy family celebrations.
I have acted for many grandparents and have assisted them to obtain ongoing time with their grandchildren and I can assist you too.
Ready to take the next step?
Call me for an initial chat and to organise a time for us to meet.
The Process
No matter what your situation is I will work with you to formulate the best path forward to resolve your matter and to ensure your interests are represented. As each case is unique in terms of the issues and complexities once I understand your situation and your desired outcome I can advise of the options available to you to resolve your matter. There are a range of options for resolving Family Law Matters including providing you with advice only, negotiating an agreement on your behalf, facilitating mediation and as a last resort Court Proceedings.
First Appointment
Negotiation
Mediation
Court
Result
Obtain Advice Early and Begin Your New Life
Separation can be one of the most difficult times in your life. Not knowing what your life might look like in the future can be daunting. Obtaining advice early can help you feel empowered about the Family Law process and optimistic about your future.