Often, the emotions after separation are raw and it is difficult to communicate with the other parent as to what is in the best interest of your child/ren. This can make reaching an agreement difficult and stressful. There are however, many systems and resources in place and available to assist families during this time, and you should speak to us today about what resources may be appropriate and available to you.
Children’s Matters & Parenting Orders Gold Coast
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Children’s Matters & Parenting Orders on the Gold Coast
Children’s Matters and Parenting Orders
Separation is a difficult time and when children are involved, care must be taken to minimise the impact and stress that children feel as a result of a family breakdown.
The legislation currently in place encourages parents to attempt to resolve the matters in dispute without the need for costly and lengthy Litigation. The Family Law Act now makes it mandatory for any new Children’s Matter to proceed to Mediation prior to a parent commencing court proceedings. There are exceptions of course for those matters where a child is at risk or there has been a history of family violence and if you think this may apply to you, it is important that you obtain independent legal advice as early as possible.
Parenting Arrangements
It is a common misconception that a parent with primary care of a child/ren believes that as long as there are no Orders in place, they are able to do as they like and exclude the other parent from spending time with the child/ren or exclude the other parent from important decisions. This approach is incorrect and you should not fall into the trap of acting on this assumption.
Similarly, you should not assume that you are entitled to a 50/50 care arrangement as this may not be reasonable or practical for your child/ren. Whilst shared care is a consideration for the Court, it is not a mandatory requirement. You should remember that the Court looks at the best interests of the child/ren and what is most suitable and appropriate for them based on various criteria under the Act.
Get Legal Advice
At OMB Solicitors, we can walk you through the complex requirements under the Family Law Act to make sure that you are aware of your rights and obligations as a parent and more importantly, the rights of your children. We aim to provide you and your family with options and solutions in order to assist you in reaching an agreement. Where an agreement cannot be reached we will represent you through your legal action if Court intervention is required.
More About Children’s Matters in Family Law:
For more information regarding Children’s Matters and Parenting Orders, see our Frequently Asked Questions. Alternatively, make an appointment with our Family Lawyers Gold Coast to obtain comprehensive advice.
Family Law Children
Frequently Asked Questions
We understand that Family Law cases are often overwhelming.
We have provided answers to some of our most Frequently Asked Questions, however, should you not find the answer you are looking for, contact our Family Law Team TODAY!
No. “shared parental responsibility” is not a term used to refer to where the children will live. It means that both the mother and father have a right to have a say in the major decisions for their children such as, where they go to school and what religion they practice. There are exemptions to this and you should speak to your lawyer as to whether they apply to you.
There are various factors which will affect where children will live and what time they should spend with each parent. You are not guaranteed shared care and you should speak to us to find out what may be a reasonable and acceptable arrangement.
Yes you can. It is unlikely that the police will get involved if there are no Orders in place.
If you have Orders, you can enforce them. If you do not have an Order, provided always that the children have been taken interstate, or that Australia has jurisdiction in the Country where the children are taken, you are able to commence proceedings in the Federal Magistrate or Family Court for the urgent recovery of the children.
You should not delay, as any delay could take your children further away or make it more difficult for any authorities to locate them. It may also make it more difficult to get a Court to bring the children back if the children have already settled and established a comfortable routine in the new location.
Yes. Parents have an obligation under the Family Law Act to ensure that they make decisions and act in the best interests of the child. This includes ensuring that the child is provided with the opportunity to have a meaningful relationship not only with each parent, but with those parties who have an interest in the wellbeing of the child, including but not limited to grandparents. Talk to us today to discuss your rights in this regard.
No. A parent’s time with a child is not for the parent’s benefit but is instead, for the child’s benefit. Preventing a child from seeing one of their parents without reason can be viewed as a form of abuse and will not be looked at favourably by a Court.
There are of course numerous exceptions to this including but not limited to situations where a child may be at risk in one parent’s care due to medical or health concerns, drug or alcohol use or in cases of family violence. Even in these circumstances, you should not simply deny the other parent from spending time with the children but should instead, seek independent legal advice to negotiate suitable options such as the use of a supervised care centre. Alternatively, you should take proactive steps to inform the Court of the change in parenting arrangements and risks to the child so that the Court may make an appropriate determination of what is to occur.
The law provides you with the freedom to live where you choose, however, if you are the primary parent, you have an obligation to ensure that where possible, the children are able to have a meaningful relationship with both parents.
If you are relocating only a short distance away from where you currently live, you will need to notify the other party of the new address where the children will be residing, unless of course, you have fear for your safety or that of the children. Relocating a short distance away rarely poses problems as the children will still be able to maintain a meaningful relationship with the other parent.
If you are relocating a large distance away, interstate or internationally, you will also need to let the other parent know. This is because moving such a distance away may make it difficult for the children to have a meaningful relationship with the other parent. You may also need to enrol the children in a new school which is a decision that should be made jointly with the other parent.
You should speak to an experienced Family Lawyer before you finalise any plans to relocate in such circumstances, as you may face a Court Application from the other parent which may result in an Order requiring the children to move back. To avoid confusion and unnecessary costs, contact us today to discuss your matter further.
Contact our Gold Coast Lawyers Team