What is a Family Law Parenting matter?

Written by James Frank | 14/03/16 4:58 AM

The breakdown of a relationship can often lead to complications regarding the parenting of children. In a standard Family Law Parenting matter, certain issues may need to be determined, including the parental responsibility of each party, living arrangements for the child/children, visiting arrangements for the non-resident parent and the way decisions regarding the child/children are to be shared between each parent.

Parents negotiate as to who has care of the child and responsibility for certain things before applying to the Court for Consent Orders to ensure their arrangement is enforceable.

Here are some important things to consider:

Divorce only separates you from your partner. It does not divorce you from your parenting responsibilities.
The courts presume shared parenting and a meaningful relationship with each parent is in the best interests of the child. This presumption can be refuted in limited circumstances but should be remembered when forming an arrangement.

When arrangements are made, the courts consider always what is in the best interests of the child. The Family Court and the Federal Circuit Court will not approve orders considered contrary to your child’s best interests, so ensure you always keep this principle in the forefront of your mind during negotiation. The best interests of the child are determined with the primary considerations of needing to protect the child from harm and the benefit of a meaningful relationship with both parents in mind.

Other considerations that the courts take into account include:

Any views expressed by the child, depending on the child’s level of understanding
The nature of the relationship between the child and a particular person, such as a parent or relative.
The extent to which a parent has taken or failed to take opportunities to be involved with the child’s life in terms of decision-making, spending time with the child and communicating with the child
The possible effects of separation from one parent over the other
The practical difficulty and expense of certain arrangements
The maturity, sex, lifestyle and background of the child
The attitude towards the child and parental responsibility demonstrated by each parent
Aboriginal or Torres Strait Islander background
The existence of a history of family violence
The desire to keep the child from further proceedings

For more information, contact Frank Legal on 9688 6023 or access our online resources. Our team of experience family law lawyers are available to provide timely and supportive assistance in your family law matter.

This article was written by Andrea Spencer & Emily Graham and was edited by James Frank. This article is provided to the reader for general information. It is not legal advice.