Children Fact Sheet

 What happens if you can’t agree on arrangements for your children?

When some relationships break down, what to do with the children is sorted out in a friendly way between the parents. In other cases, the parents will either need assistance to reach an agreement or the Court will have to decide what the arrangements will be.

Assistance to reach agreement usually comes in the form of mediation. The parents are assisted by an independent person to negotiate their own agreement as to the arrangements for the children.

If mediation fails, the Court will make a decision about the living arrangements for the children. Usually you have to attend mediation before you can commence court proceedings. The Court may decide that the children will primarily live with one parent and spend time with the other parent or it may decide that they will live with each parent for equal time etc.

The Court can also make decisions about the parental responsibility each parent has for the children. eg. the Court could order that one parent is to be responsible for making decisions about the medical treatment of the child.

If there is a dispute about the living arrangement for the children, what will the court take into account in reaching a decision?

The law says “a court must regard the best interests of the child as the paramount consideration”.

Other important principles include (although always subject to what is in the child’s best interests): -

• children have the right to know and be cared for by both their parents;
• children have a right to spend time and communicate on a regular basis with both their parents and with other people significant to their care, welfare and development (eg. grandparents);
• parents jointly share duties and responsibilities concerning the care, welfare and development of their children;
• parents should agree about the future parenting of their children.

Practical matters that the court may take into account include: -

• the benefit to the child of having a meaningful relationship with both parents
• the need to protect the child from physical or psychological harm and from abuse, neglect or family violence;
• the child’s wishes;
• the kind of relationship the child has with each parent;
• the capacity of each parent to provide properly for the child;
• the ability of each parent to facilitate and encourange a close relationship between the child and the other parent;
• the likely effect of any changes in the child’s circumstances.
• the child’s age

Our Family Law Team have the understanding and experience to listen carefully to your problems and explain things clearly. If you have any questions please call Alan Wright, Warwick Gilbertson, Rebecca Flick, Matthew Carney or Stephen Bourne on 02 4904 8000...your starting point to peace of mind. 

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Disclaimer - This article is offered for general information purposes only. It is not offered as and does not constitute specific legal advice or opinion. The accuracy of the information is not guaranteed. You should not act or rely upon any of the information contained within this article without seeking the advice of a qualified solicitor who specialises in the particular area of expertise and jurisdiction that you require.