Who and how will you determine the parenting issues of each of your children?
The stability of each of your children will of course be the most important consideration for you. You may seek a settlement of these parenting issues by an amicable arrangement. You may agree on such issues as:
- The responsibilities and decision making by each of you as parents,
- The temporary or permanent residence of each of your children,
- The time that your children will spend with each of you as parents or with others who are concerned with the care and welfare of each of your children, such as grandparents.
Fay is an experienced lawyer who understands that the welfare arrangements of each of your children are of paramount importance.
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Contact Fay
Email or call on 0416 196 541.
Fay will respond to you personally within 24 hours to discuss your enquiry.
Child Custody FAQs
What do courts look at when making child custody or parenting orders?
Courts focus on the best interests of the child and since 6 May 2024 there is no presumption of equal time that child will spend with each parent, only what arrangement is safest and meets the child’s needs.
Do I need mediation before applying for parenting orders?
Yes, you usually must attempt Family Dispute Resolution and file with the court a section 60i certificate unless an exemption applies for issues such as urgency or family violence.
What is the difference between a parenting plan and parenting orders?
A parenting plan is a written agreement that is not enforceable by the court, while parenting orders are court orders that must be followed.
Can I move or relocate with my child after separation?
You need the other parent’s consent or a court order before relocating and taking a child overseas without consent or an order can be an offence.
What happens if the other parent breaches parenting orders?
You can ask the court to enforce the orders or deal with a contravention of the orders, which may lead to make-up time or penalties.
Can parenting orders be changed later?
Yes, you can change them by consent or ask the court to vary them if circumstances have materially changed.
