Looking for a lawyer to help resolve a parenting dispute? CJ Legal can help.
Australian law focuses on the rights of children to have an ongoing relationship with both parents so that separating from your partner or spouse doesn’t mean that you are separating from your child or children.
Although the terms ‘custody’, ‘residence’, ‘contact’ and ‘access’ are no longer used by lawyers today, the issues behind the jargon are still on the top of the list of concerns for separating couples, namely:
- Who will the child or children live with?
- How will they spend time with the other parent?
- How will both parents be kept in the loop in regard to important decisions such as education and health?
Where do I start?
Firstly, get legal advice. Your lawyer will take you through all of the areas which need to be considered and document what you think is a fair approach to arrangements for your children. If your partner is agreeable, your lawyer can help you formalise the document without proceeding to costly court action.
If your differences are unable to be settled, then you will need to go to court for a Judge to make a decision.
How will the Judge to decide?
When considering what is in the children’s best interests, the court has to consider facilitating a meaningful relationship between the children and both of their parents and also to protect the child from harm.
Do I need to talk to the other parent? Can I just go to court?
Unless there are issues of family violence, you will need to attend family dispute resolution before applying for parenting orders. The accredited family dispute resolution practitioner will issue a certificate which must be filed with the court application and simply states that your differences were unable to be resolved.
If your case does end up in court, the judge will decide what is in the child’s best interests. The Judge’s decision is legally binding.
Why use a lawyer?
We can advise you in regarding your specific situation as well as guide you through what can be a stressful and confusing process. We can help take the heat out of a difficult emotional situation and negotiate on your behalf to obtain the best possible result for your children.
If you need to go to court, we are experienced an able to negotiate the best outcome for you.
Contact us to discuss your specific situation regarding your children with our Adelaide Hills family lawyers.