Home About Us Services
Business Services Personal Services
Our People Seminars Careers Contact Us
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 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.

Family Law and De Facto Law Specialist - Alan Wright - Turnbull Hill Lawyers in NSW

Email Alan Wright - Lawyer in Newcastle at Turnbull Hill


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 courst 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 capacity of each parent to provide for the needs of the child
  4. The attitude to the child, and the responsibilities of parenthood, demonstrated by each of the child's parents

Related ArticleCan I change my child's surname after separation?


Our Children's Law Team:

Our Promise:

  • Highly professional and friendly service at all times
  • Highly qualified team
  • Complete confidentiality at all times
  • Fast, efficient and courteous service
Children Divorce - Turnbull Hill Lawyers in Newcastle


Family Lawyer Newcastle

 

Publications

Family Law

Lump sum contributions in property settlements...

It is often the case that in a marriage (or in a defacto relationship) one person makes a significant financial contribution by bringing substantial assets into the relationship or receiving assets during the relationship (eg an inheritance). If the parties separate what effect does this financial contribution have on the division of the ...

Read More ...

Is there an automatic right to family law property settlement after a long relationship?

Since the decisions of Stanford and Bevan, the Family Court has considered a number of cases where it has been argued that even after a long relationship it would not be just and equitable (or fair) to Order that a property settlement occur. The cases above reinforce that when an Order is made for a property settlement under the Family La...

Read More ...

Paternity Disputes in the Family Court

While it is very rare that there is a dispute about who the mother of a child is, situations do commonly arise before the Family Court concerning the paternity of a child. There are very significant legal and emotional consequences that may follow from a declaration as to parentage. Such matters include and are often linked to application...

Read More ...

When couples separate, they often have the problem... how do we pay the mortgage?

A separation generally causes major upheaval for both parties and an issue often arises about paying the mortgage.  Some common problems are: the person who leaves the property may not be able to afford to pay the mortgage having already paid rent on new premises, child support and their own living expenses. the pe...

Read More ...

Can I change my child's surname after separation?

The naming your child is a fundamental right that has been recognised by the United Nations. The Declaration of the Rights of the Child states a 'child shall be entitled from birth to a name and nationality'. It was stated by the Family Court in the case of Chapman v Palmer that an adult may use any name by using of such name and ...

Read More ...

| 1 2 3 4 5 6 7 | Next


Events
Blogs
"Thank you for your hard work, without which our dream of home ownership would not have come true. It was a fantastic effort by the entire team and ...

Dr. Hashim & Dr. Fathima

HomeBookmark SitePrintTell a FriendContact UsLinked InTwitterFacebookenquiries@turnbullhill.com.au