There is no ‘one size fits all approach’ when considering who a child lives and spends time with after a separation or divorce.
- The Family Court determines the best interests of children in the hope that they can enjoy a meaningful relationship with each parent or carer, but also be protected from harm.
- The Family Court considers many issues, including: the children’s bond and relationship with each caregiver; the ages of the children; the willingness of each parent to foster an ongoing relationship with the other; the express wishes of sufficiently mature children; the likely effect of any change to the child’s current care arrangements; the capacity of each parent to provide for the child’s welfare; and the practical difficulty and expense of the child spending time with each parent.
Reaching agreements about children can be difficult.
- The Family Court provides some assistance through mediation services.
- If the parents of the children cannot agree, then a Family Consultant or a Family Report writer may be invited to meet with your family to assess what care arrangements are in the best interests of the children. Their recommendations are presented to the judge for consideration alongside other evidence.
Partners in Family Law can help you:
- Determine the best child care arrangements for your children in your specific circumstances;
- Liaise with child psychologist experts and direct you to Family Consultants, and if necessary, professional Family Report writers who will best understand and assess your circumstances;
- Obtain orders from the Family Court providing for legally binding care arrangements for your children, both for the short- and long-term.
At Partners in Family Law we are passionate about assisting our clients navigate the world of post-separation parenting. We will work closely with you to understand your family’s unique story and will recommend practical and sustainable arrangements that will further your children’s best interests.