Home > Family Law > Children's Law

Children's Law Fact Sheet - NSW

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

What about the 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 (usually mediation) to reach an agreement or the Court will have to decide what the arrangements will be.

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.

The Court can also make decisions about the parental responsibility each parent has for the children. It is common for the Court to order that each parent have equal shared parental responsibility. The Court could order that one parent is to have sole parental responsibility or that one parent is to be responsible for making decisions about a particular issue e.g. the medical treatment of the child.

If you would like to discuss arrangements for your children please call our Family Law Team on 1800 994 279 or send us an email.

Matthew Carney - Children Family Lawyer in NSW


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;
  • children have a right to enjoy their culture.

In determining what is in a child's best interests the Court must consider two "primary considerations" and a number of "additional considerations".

The two primary considerations are:

  1. The benefit to the child of having a meaningful relationship with both of the child's parents;
  2. The need to protect the child from physical and psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

The court must give greater weight to the second of these two primary considerations.

The additional considerations include:

  1. Any views expressed by the child;
  2. The nature of the child's relationship with each parent;
  3. The extent to which each parent has fulfilled (or failed to fulfil) their obligation to maintain the child;
  4. The capacity of each parent to provide for the needs of the child;
  5. The practical difficulty and expense of a child spending time with and communicating with a parent;
  6. The attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents.

Related Articles


Our Children's Law Team:

Our Promise:

  • A focus on early resolution - to save you time & money
  • Highly professional and friendly service at all times
  • Highly qualified team, should court be required
  • Complete confidentiality at all times
  • Fast, efficient and courteous service
  • The best possible result for you and your family
Children Divorce - Turnbull Hill Lawyers in Newcastle

 

Contact Us Now

We respond in 24 hours or less

Please provide details regarding your matter so we can assist you

Enquiry Form

Fill out our enquiry form and we'll respond within 24 hours

Listen to the captcha
 
Publications

If U Don't Make A Will Like Prince, Who Will It All Go 2?

Back > Wills & Estates *** The spelling and structure of this article's title is an ode to the way Prince named his songs *** If like Prince, you die without having made a Will, who will your Estate go to? It is surprisingly not uncommon that many celebrities worth millions die without a Will. Soon after the dea...

Read More ...

Jury Duty - A Guide For Potential Jurors

Serving on a jury is a new experience for most people. Whilst some people see it as an honour, others wish to avoid duty at all costs. The following is a guide of frequently asked questions relating to jury service. Menu Selection and Eligibility Roles and Functions Nature of a Criminal Trial Role of Judge...

Read More ...

Applying for a reconsideration of Comcare's decision to decline liability for your claim

Applying for a reconsideration of Comcare's decision to decline liability for your claim from Turnbull Hill Lawyers Introduction The reality is that Comcare will not accept every claim that is made under the Comcare Scheme... and sometimes its decision to decline liability is the wrong decision, and not support...

Read More ...

What is a Prenup?

What is a prenup? (Prenuptial Agreement) from Turnbull Hill Lawyers An introduction to Prenuptial Agreements (Prenups) Nobody gets married with a view to getting divorced later in life. As such, the benefits of prenups are easily dismissed in the lead up to a marriage. There is an old saying that is applicable here: "Nobo...

Read More ...

What is self-defence?

What is self-defence? Under NSW law a person is not responsible for a criminal offence if the person carries out the conduct constituting the offence in self-defence. It will be "self-defence" if at the time the conduct occurred: the accused believed that the conduct was necessary in order to defend himself or hersel...

Read More ...

| 1 2 3 4 5 6 7 8 9 10 | Next


Events
If you've been injured and you're not aware of your rights

Wednesday 11th May 2016
Time 6:00pm - 7:30pm 11th May


Blogs
"On behalf of my sister and myself; thank you fo...

Noel S

Liability limited by a scheme approved under Professional Standards Legislation

enquiries@turnbullhill.com.au