When parents separate, one of the most important disputes that they need to address relates to the importance of continuing a relationship between the children or child and the parent who they do not live with on a permanent basis.
The importance of this is highlighted in the Family Law Act 1975 which relates to the rights and interests of all children in Australia. The Act sets out that its object is to ensure that children have the benefit of a meaningful relationship with both of their parents to the maximum extent that is in their best interests and to enable them to "achieve their full potential". The Act also emphasises that there is a need to protect children from any physical or psychological harm from being subjected or exposed to abuse, neglect or family violence.
The Family Law Act also sets out that the principles underlying this objective are, unless it would be contrary to a child's best interests, that:
If parents can agree about the parenting of their children, who their children should live with and the time that their children should spend with the other parent, then they may formalise that agreement in several ways through the Federal Circuit and Family Court.
If, unfortunately, parents cannot agree about the parenting of their children, then an Application can be made to the Court for its assistance in resolving disputes. Through the Court process, parents will be encouraged to reach their own agreement about the children, however, ultimately if parents are unable to agree, the Court can make Parenting Orders about a child or children. What is now referred to as a "live with" Order is a Parenting Order and the primary interest of such Orders is always the best interest of the child.
Children of a certain age and/or maturity may also be considered by the Court to have the capacity to express a view that should be considered when the Court comes to make an Order with regard to their care.
When parents separate, arrangements also need to be made to ensure the child or children remain financially, physically and emotionally supported. This is often in the form of Child Support which is payable to all children in Australia up to the age of 18 years old whose parents are separated, which is set out under the Child Support Act 1989. The non-residing parent may be liable to pay Child Support to the parent who the child or children is ordered to live with.
If you wish to seek advice on parenting matters and the consequences of separation on children, please contact our office for assistance.
The two main components to a parenting matter are parental responsibility and residence. The concept of custody no longer exists. The allocation of parental responsibility and determination of who will be the residence parent depends solely on the circumstances of your case. The main consideration in making these decisions is what will be in the best interest of the child.
This is a breach of a Court Order and is a serious matter. The best course of action depends on the situation and there are many options available to you. Your former partner may also face possible serious repercussions.
You can organise either a Parenting Plan or Consent Orders. Depending on your situation these can be done to suit your personal situation and provide the most suitable arrangement for you and your children.
This depends on whether there is a Court Order and your circumstances. If you are breaching an Order you cannot move and you may require the consent of the other party.
Until Court Orders are put in place, it is necessary that the parents live close enough to each other so that a relationship can be maintained between the child and both parents. Moving interstate is of course possible after Court Orders are made, but it often requires some compromise and effective communication between the parties so that time between the child and non-residence parent can be facilitated.
There is no prescribed age in the legislation. Children’s views must always be considered but will be given the appropriate weight by the Court depending on their age and maturity.
This is a question/myth which is commonly misunderstood and is not true. There are various factors which are taken into account by the Court in deciding who the children live with. The paramount consideration is not the parents' rights but ensuring that the best interests of the children are served. Although it is most common that the children do stay with their mother, it is certainly not the law and does not occur in every case.
"My experience with Marsdens Law Group was excellent. My core team, Sandy Naidu, Tom Reeve together with their support team, gave my case the time and attention that was needed to drive an outcome in court. They were calm and confident during very difficult court proceedings. Although I acquired their services through a recommendation, I never once was treated as anything other than a valuable client. I very much appreciate the knowledge and support I received through Marsdens, and will highly recommend them to anyone that needs family law legal services.”
"Choosing Marsden’s Law Group as my family lawyer was a decision I do not regret. From the initial briefing, I was met with understanding and a genuine commitment to helping me achieve the best outcome possible.
Throughout the entire process, Tom and Sandy considered my children’s and my emotional wellbeing with empathy and support. Their consideration, combined with their legal expertise, provided the reassurance needed.
What set Marsden’s Law group apart was their diligence and meticulous attention to detail. Through research and strategizing, all aspects of my case were thoroughly examined and addressed. Their dedication to achieving the best possible outcome for myself and children was evident in every action taken. They made me felt heard, supported, and understood, providing guidance and encouragement in a challenging situation.
Thanks to Tom and Sandy’s expertise, patience, empathy, and diligence I was able to navigate through the legal system with confidence and peace of mind. I highly recommend Marsden’s Law group to anyone in need of a compassionate and committed family lawyer."
"Saw Laura, she was very helpful and explained it all to me in a way I understood. Very happy with them."
"Nevine was prompt and had every detail at hand when it was time to attend court. Nevine gave me honest advice and in NO way did Nevine proceed to make my matter drag on. I am so grateful for this because all the advice I got from people in similar situations was that 'solicitors are only there to make money for themselves.' In my experience this was far from the truth from Nevine & the whole Family Law Team."
