12/01/2018
Principal Solicitor, Stephen Roberts shares some straightforward advice about how to approach care arrangements for your children if you separate from your partner.
Arrangements for Children
Disputes regarding children following the breakdown of a marriage or de facto relationship can be upsetting for all parties not least the children. In my experience the most lengthy and emotionally challenging child disputes are situations where there is a sudden separation without any proper discussion as to the future care of the children.
If possible it makes good sense for separating couples to attempt to discuss reasonably the arrangements for the care of the children upon separation. Otherwise it is sensible to enter into mediation as soon as possible following separation so that some certainty can be established at an early stage. This can assist in minimising conflict. The current law requires that parties attempt to mediate prior to commencing court proceedings relating to child issues – except where domestic violence exists or there is some urgency.
I find that new clients are often interested in the idea of a “shared care” or “equal time” arrangement. It is fair to say that the Family Law landscape shifted with changes enacted in 2006, with greater emphasis being placed on the concept of an equal time arrangement. Sometimes this can be an excellent solution for all parties. However there are circumstances when these types of arrangement will not be appropriate where significant domestic violence exists or where such an arrangement will not work in practice.
Therefore when contemplating an equal time arrangement consider whether the children spending equal time with each parent is in their best interests and look at the following factors:
· Proximity of the parents’ homes
· Working arrangements of the parents
· Relationship shared by the children and each parent
· Children’s relationship with other siblings
If it is not in the best interests of the children to spend equal time with each parent, consider whether should they spend a significant amount of time with the other parent. This should ideally include week-day and week-end time as well as holiday time to enable the other parent to be involved in all aspects of the child’s life if possible.
At Cairns Family Lawyers, Roberts Family Law we are able to assist in negotiating arrangements for your children on your behalf. Once agreement has been reached we can
ensure that these arrangements are "locked in" through the preparation of Family Court consent orders which provides certainty for each party including, most importantly the children.
For more details and friendly, straightforward advice please contact Stephen Roberts or visit our website.
Call :
40527514
Email :
[email protected]
Website :
www.cairnsfamilylawyers.com.au
