Who gets the kids?

Parenting arrangements for children after separation.

When parents are trying to agree on arrangements for their children post separation, parents should focus on what is best for their children and what arrangements will best meet their children’s needs. 

Sometimes parents misunderstand, or are misinformed, about family law and what post separation parenting arrangements for children are achievable. 

For example, the Family Law Act 1975 (Cth) does not give parents any particular ‘rights’ in relation to time with their children nor does it prescribe what specific arrangements parents should put in place for their children after separation. 

If parents cannot agree about their arrangements for their children, then the Act provides guidance for parents, dispute resolution practitioners, family lawyers and judges when there are disputes about care arrangements for children. The guidelines set out in the Act do not necessarily restrict what arrangements parents might work out between themselves for their children following separation.

A court exercising jurisdiction under the act can make parenting orders for children with the mutual consent of the children’s parents or after a hearing. Juries do not participate in family law hearings in Australia. Matters that are commonly covered by parenting orders include (but are not necessarily limited to):

  • Who the children live with;
  • The time the children can spend with each of their parents;
  • Who has parental responsibility for the children;
  • The communication the children are to have with each of their parents; and
  • Any other aspect of the care, welfare or development of the children.

The situation of every separated parent is unique and accordingly it requires bespoke and tailored advice and management.

Should you wish to discuss any aspect of your family law matters, please make an appointment with our family lawyer, Amanda Rajah.

Disclaimer: The above is general advice only and may or may not be applicable to your specific situation. 

This article was written by , and published within the category: Articles.

You can also find further information in our: Children and Family Law - Frequently Asked Questions, Children and Family Law, Family Law Property - Frequently Asked Questions, Family Law Property, Child Support, Divorce, Purchasing Property, Selling Property, Subdivisions, Business Sales and Acquisition, Building And Planning, Small Business, Debt Recovery, Leases and Agreements, Power of Attorney, Wills and Estates Planning, Probate and Guardianship sections.

If you require advice, assistance or guidance, in any legal matter, please call today on (03) 59757611 or Enquire Online.