Children & Parenting Arrangements

When parents separate, disputes can arise about how much time children should spend with each parent, where children live or go to school, and about other significant issues like medical care and religion. Under Australian family law, the most important considerations are to make decisions which are in children’s best interests and which protect them from harm. We help you to understand these considerations so you can make informed decisions about your children’s care.

In a separated family, parents have an obligation to provide financial support to assist with the cost of childrearing. The child support system is managed by Services Australia and can be complex and confusing. We help you to make child support arrangements, which can also form part of a financial settlement and be formalised in a binding child support agreement.

In a separated family, children can be at risk of physical or sexual abuse or because of the impact of a parent’s mental health or substance abuse on their ability to parent. Risk can also arise due to neglect or emotional harm by exposure to family violence between parents. Allegations of risk are treated seriously and can lead to intervention orders and/or proceedings in the Federal Circuit and Family Court of Australia.

When a parent wishes to relocate with their children (either interstate or overseas), or is planning to travel internationally, it is important to secure the other parent’s agreement or apply to the court for permission as early as possible. Where a parent has relocated without permission, urgent court proceedings may be required to secure the return of the children.

Under Australian family law, children have a right to spend time and communicate with extended family members including grandparents. In the circumstances of a family breakdown extended family relationships may become fraught, and we can help to resolve this through mediation and/or litigation.

In addition to the decisions faced by all parents when their relationship breaks down, parents in same sex relationships may also encounter unique challenges in relation to issues of parentage. This area can be complex, and seeking legal advice at an early stage will help to identify any specific concerns which apply to your family.

Dispute resolution and mediation (including Family Dispute Resolution) offers an opportunity to reach agreement without resorting to the uncertainty, expense, and inconvenience of going to court. A mediator is jointly selected and appointed, and in their neutral role, they assist the parties to reach a mutually acceptable agreement. As your lawyer, we can assist the mediation process by ensuring that you understand your rights and obligations, providing you with support and a representative to negotiate on your behalf at mediation.

Sometimes, disputes cannot be resolved through negotiation or mediation and it is necessary to go to the Federal Circuit and Family Court of Australia. Having legal representation to assist you with preparing your court documents and appear on your behalf at any hearings is imperative if you want to achieve the best possible outcome.

Parenting disputes