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

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 ...

Don't leave it till the last minute. Divorce before you remarry...it's the law

You may be surprised by the number of people who set a date for their wedding and then suddenly remember that they need to get divorced from their spouse. Getting divorced takes time. Usually 10 to 12 weeks from filing your Application to the issue of the Divorce Order. The first step is that you file an Application. If it is a joint ...

Read More ...

Lottery Winnings & Property Settlements - Who gets the winnings?

If you win a lottery, are the lottery winnings an asset that the Family Court should adjust between you and your spouse post separation? The answer is generally “yes”... In the 1995 case of Zyk & Zyk the Full Court reviewed the way that lottery wins were presided upon by the Court. Prior to this case lottery winnings w...

Read More ...

Doing a deal with your ex-spouse has just been made a whole lot more taxing

On 30 July 2014, Taxation Ruling 2014/5 came into effect. This ruling has important tax implications for the shareholders of private companies who receive a payment of money or the transfer of property from such companies in accordance with Family Law Court Orders under the Family Law Act. Prior to this Ruling, it had been argued that ...

Read More ...

Legal Recognition of Same Sex Couples

Same Sex Relationships - Children & Surrogacy Family Law Issues In 1999, the Government amended the Property (Relationships) Act NSW to include same sex relationships within the definition of “de facto relationships”. This encompasses everyone in the LGBT community (lesbian, gay, bisexual and transgender). Following t...

Read More ...

| 1 2 3 4 5 6 7 | Next


Articles via RSS rss
Events
All you need to know about Wills, Powers of Attorney and Enduring Guardians...

Wednesday 10th Dec 2014
Time 6:00pm - 7:30pm 10th Dec


Blogs
"I would like to express our complete satisfaction with the work John Teague has completed with the purchase of our block of land, the sale of our i...

R & K Brown

Home Bookmark Site Print Tell a Friend Contact UsLinked In Twitter Facebook enquiries@turnbullhill.com.au