Children and Parenting
More often than not, parents are uncertain about how a court makes decisions about arrangements for their children after separation.
When considering parenting arrangements, a good starting point is to remember that a court must prioritise the best interests of children when they make a decision about who your children will live with, and how much time they will spend with each of their parents. Gone are the days of speaking of child custody –today’s terminology is all about who a child lives with and who a child spends time with. Children have rights under the Family Law Act. Parents have responsibilities.
The Family Law Act is focused on the rights of children to have a meaningful relationship with both parents, to be protected from harm, and to know and be cared for by each of their parents. There are other things the court will consider, including the views expressed by children. The weight a court will place on a child’s views and wishes will depend on the age and maturity of the child. It is a myth that a child can decide where they live when they turn twelve. There is no magic age at which a child can decide.
My partner is threatening to take our children if I leave. I am worried I won’t get to see my kids anymore. Can they stop me from seeing our kids?
This is a very common concern for mothers and fathers alike. The threat of preventing time with children, relocating with children, or “getting custody” can be used to apply pressure to stay in an unhappy or abusive relationship.
If your children are spending time with you at the moment, and there have been no issues raised about risk of harm in your care, a court would typically consider it to be in your children’s best interests to continue to spend time with you after separation.
If your children are young and you have been the parent caring for them, these arrangements are likely to continue for the time being even if the other parent is pressing for equal time or for the children to live with them.
My ex-partner is moving away or relocating with our children. Can they take the kids? What can I do?
If you are worried your ex-partner will move away or relocate with your children, you should seek urgent advice before they move, especially if you suspect they could be moving overseas. You may have to file an urgent application with the court seeking orders preventing your ex-partner from relocating with the children.
If there is a concern they may leave the country, you may wish to apply to have the children placed on the airport watch list which will prevent them leaving Australia. Most family lawyers will arrange an urgent appointment if you have these concerns.
My ex-partner decides when the children can see me. How can I have regular time?
Your children need stable and consistent arrangements so they know when they will see each parent, and which household they will be spending time in. It can be extremely unsettling and frustrating for children when there is no routine, and they are uncertain of where they will be from day to day. It isn’t surprising when you think about it.
We can provide you with advice about suitable arrangements, help you negotiate an agreement with your ex-partner, and prepare a parenting plan or parenting orders.
Every family situation is unique, and we encourage you to discuss your circumstances with a family lawyer early on to help you secure the best outcome for you and family. It is never too early to seek advice. Pre-separation advice can help shape your decisions and pathway from the outset, which can ensure an easier transition.
Parenting plans, parenting orders, parenting arrangements – we have you covered.
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