It is a child’s right to spend time with and know both their parents unless there
is a very good reason not to and that put simply is how we see it at H F Family
Lawyers. The type of things one needs to think about when dealing with children
are:
Matters relating to a child sometimes involve not only the parents but also the
grandparents, other relatives or people who have acted as foster parents. The Family
Law Act recognises that these people may be integrally involved in the children’s
lives and, indeed, the Act makes specific reference to the rights of grandparents
to seek orders relating to a child.
Parental responsibility
Each parent has equal shared parental responsibility for their child unless a court
has ordered otherwise. Obviously when parents are separated the parent with whom
the child lives will automatically assume responsibility for a lot of the day to
day issues such as deciding on the child’s bedtime and so on.
But each parent still has equal shared parental responsibility for their children,
meaning that decisions on major long term issues should not be made without consulting
the other parent first. Major long term issues include education, religious and
cultural upbringing, health and even choice of name.
Formalising parenting arrangements
Some parents like to formalise their arrangements while others like to keep their
arrangement informal.
Matters relating to the child are best worked out by parents as they are the people
who are going to have to live with the arrangement and make it work. If the parents
cannot resolve any issues, usually the first port of call will be a Family Dispute
Resolution Practitioner.
Parenting Plans and Consent Orders
In the event that parents reach agreement about these issues (whether by their own
efforts or with the assistance of a Counsellor, Mediator or Dispute Resolution Practitioner)
they can have that written out in the form of a Parenting Plan or Consent Orders.
A Parenting Plan is a written document which sets out the parenting arrangements
the parents have made for the children.
Another way to formalise the agreement is to enter into Consent Orders. Subject
to approval by the Court, the agreement between the parties will then be made by
an Order of the Court, you do not need to attend Court to have these type of Orders
made.
Court Proceedings
In the event that the parents are unable to reach agreement, they may bring an application
to the Court. Generally, the matter will go to a conference where, if it is unable
to be resolved, directions will be given for the preparation of the matter for a
Court hearing and an approximate date will usually be given for the hearing. In
urgent and deserving matters the court will make interim orders usually based on
affidavit evidence and submissions made to the judicial officer hearing the matter.
The Court always has to make orders that are in the best interests of the children.
Family Reports
Often at issue is the relationship of the child with a particular person, or what
one party claims are the wishes of the child as to whom the child wishes to live.
If the matter is to go to a hearing, an Order is often made for the parties to attend
with a clinical psychologist for the purpose of the preparation of a Family Report.
The parents, the child and any other significant person as decided by the report
writer are usually asked to attend and a detailed written report is prepared. That
report is released to the parties prior to the matter going into Court and is often
used by them and their legal advisers as a basis on which to negotiate a settlement.
If the matter proceeds to a hearing, the report is used to assist the Judge in dealing
with issues such as the child’s wishes.
Independent Children’s Lawyer
In difficult matters, such as those where there is particular bitterness between
the parents, where there is a suggestion the children should be separated from each
other, where there is an allegation of child abuse, or where there is a cultural
difference between the parents (for example because of them having different ethnic
backgrounds), an Independent Children’s Lawyer can be appointed by the Court to
look after the child’s best interests.
Best interests of the child
In deciding what Orders to make, the Court must consider the best interests of the
child as the paramount consideration. The Court generally takes the view, that unless
there is evidence to the contrary, it is in the child’s best interests to have a
relationship with both parents and that is the view of all at H F Family Lawyers.
We are not interested in acting for people who use their children as pawns for financial
gain or causing their former partner grief and pain.
Where to now?
Speak to a family lawyer
Often the best way to get the answers you need is to speak to an expert.
Click here to contact us via our contact forms
or please call us on 1300 355 641.
Attend a seminar
If you would like to book to attend one of our FREE family law information seminars
please click here. Alternatively to find out
more about the seminars click here.
Organise an initial consultation
A face-to-face consultation gives you the opportunity to discuss your family law
issue with professionals who deal with and resolve these issues on a daily basis.
It gives you a chance to ask any questions you may have and us to gain background
and provide an insight into the options available to you.
For more information please call us on 1300 355 641 or send as an e-mail at
familylaw@hflawyers.com.au. We are here to help.