Children and Separation

Following the breakdown of a relationship, one of the most important decisions parents will face, is the future care and living arrangements of the children of their relationship.

You will have to consider matters such as:

  • Who has parental responsibility for a child.
  • How decisions about a child are to be made.
  • Where and with whom your child should live.
  • The time the child spends with the other parent and other significant persons in the child’s life e.g. grandparents.

These are undoubtedly highly sensitive issues and the best interests of the child should be the strongest consideration, including protecting the child from harm and/or exposing the child to risk of harm. You should also bear in mind the time your child spends with each parent must be reasonably practicable.

You may be able to reach an agreement with the other parent on these matters. If so, it is very important that you take legal advice on how to formalise your parenting agreement to ensure your agreement is legally binding and enforceable.

If you and the other parent are unable to reach an agreement, it may be necessary for you to commence defended Family Court proceedings for the court to make parenting orders. We are able to assist you with and advise you on the requirements prior to commencing defended court proceedings (including obtaining a section 60I certificate), the preparation of your court documents and representation in your court proceedings.