Separation is a difficult time for all involved, especially children.
At King & York Lawyers, we understand that the hardest part of a relationship break-up is protecting your children.
Our expert family lawyers represent and advise clients who are facing challenges that involve children. We act for parents, grandparents and other interested parties in relation to a broad range of parenting and child custody matters; from simple living arrangements for children to disputes involving complex issues such as relocation, overseas travel and family violence.
By listening and working with you, we can help you work out what arrangements will be in the best interests of your children. We can also refer you to appropriate private and community based services that are able to assist you ] and your family with the changes following separation from your spouse.
Our Sydney family lawyers use a range of approaches to help you overcome your legal challenges as a parent. The approach we use will vary according to the nature of the case. Common approaches include mediation, arbitration, negotiations between lawyers or court intervention.
Parenting disputes can be settled out of court formally through consent orders, or informally through a parenting plan. Each method has different advantages and disadvantages and it is important you receive expert advice about your options if you have reached an agreement with the other parent. We can provide you with advice as to the enforceability and flexibility of each option and which option is appropriate for your needs and the needs of your children.
If you and your ex-partner can’t reach an agreement for the care arrangements of your children, or if you have been denied access, you may need to apply to court for parenting orders. This is a different application from the application you would file for consent orders (above).
Before you file an application you will need to obtain a certificate that says that you have attended or attempted to attend family dispute resolution. But if there is a history of family violence or child abuse, the court may not require you to complete this step.
This kind of application will be contested because you and your ex-partner can’t agree. That means that the court will have to make a decision. To do that, it will conduct a hearing. Both parties will present evidence to the court (witnesses and documents) and legal arguments.
A court will consider what is in the best interests of the child when making parenting orders. The Family Law Act sets out a series of things that the court must consider to work this out, including:
The court will also consider a range of other factors, including the child’s wishes, religion, culture and their relationship with members of the extended family.
Under the Family Law Act, parents have shared parental responsibility for their children unless the court orders otherwise. This does not mean children have to spend an equal amount of time with either parent. However, the court will consider this. The primary consideration is always what is in the best interest of the child. In some cases, this means equal time, or substantial time, or some other amount of time.
Parenting issues are often far more complicated than they first appear, especially when there is disagreement. Family lawyers are highly skilled at assessing parenting issues, providing advice and working out strategies that best suit you and your children. We highly recommend that you use a lawyer for any parenting issue but especially if
At King & York our family lawyers we know that every family requires a personalised approach in parenting matters. We specialise in tailoring a pathway that is best suited to your family’s circumstances. For a free initial consultation, contact us today on 02 9290 8514. For emergency, after hours contact, please call us on 0404 529 529
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