Children’s Custody & Disputes

What happens to the children after you separate? This is often one of the first (if not first) thought that runs through a parents mind when considering separating.

The best outcome for everyone, especially the children is if parents reach an agreement amongst themselves about their children rather than have a Judge dictate the arrangements to them. However this is not always possible for a number of reasons.

Children are inevitably affected by the separation of their parents, however as parents it is your obligation to try and minimise the disruption felt by them.

When determining what an appropriate care arrangement for children is after separation, the paramount consideration is the best interests of the children.

Parenting issues can include a broad range of matters, such as:

  • who the children live with;
  • how much time the children spend with the other parent;
  • arrangements for special occasions such as Christmas, Easter, school holidays and the like;
  • Which school the children should attend;
  • The permanent relocation of a child interstate or overseas;
  • Travel, both interstate and / or overseas;
  • The international abduction of children.

Parents need to consider both legal and non-legal avenues to resolving their disputes. Mediation and Counselling are two non-legal avenues parents are encouraged to try. We will most often refer our clients to a child Phycologist or Social Worker to obtain professional advice about practical and emotional issues affecting their children.

We are able to assist most of our clients to reach an agreement about parenting arrangements for their children. Any agreement reached is usually made legally binding by court Consent Orders. Alternatively, parents may choose keep their arrangements informal.

Sometimes court is unavoidable, and if so we will guide you through the legal process, always ensuring that if at all possible, your matter is resolved as soon as possible. After all no one wants to be in the Court process longer than they have to be.