Parenting and Child Matters
The breakdown of a relationship can be incredibly distressing for not only the couple but for the children as well. Every family has their reasons for needing a legal hand. When it comes to family law matters, the Family Court always looks out for the needs of the children, determining what’s in their best interests.
At Dettmann Phair Lawyers, we prioritise the safety and protection of our clients. Many factors come into play in determining what is in the best interests of the child, including:
- Whether the child is subject to physical or psychological harm such as abuse, domestic violence, or neglect requiring protection
- The relationship between the children and either parent
- If the children are at an age where they can express their views
- Whether both parents cater for the child’s physical and psychological requirements
- Cultural or religious matters
- The capability of either parent to follow through with their responsibilities
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You don’t have to go through court to arrange the parenting between a separated couple. Parenting plans are informal agreements whereby both parents consent to their parenting arrangements involving their children.
The purpose of this is to minimise the risk of further issues down the track concerning your children’s education, health, and living arrangements. It is also a non-binding agreement that can alter based on the agreement between both parents.
Family Dispute Resolution
It is highly important to have an arrangement that works in the children’s best interests after a divorce. We offer counselling and meditation services to help both parties find common ground for parenting arrangements for the children and reduce the segregation between the children and each parent, where this is possible.
According to the Family Law Act, separated parties are required to participate in Family Dispute Resolution before seeking a parenting order in court. If both parties are unable to see eye to eye on the parenting arrangements, that is when the separated couple may consider approaching the court.
If there is no capability to find common ground through a parenting plan, you might have to seek a parenting order. A parenting order is a set of orders made by a court about parenting arrangements for a child that do not completely follow the parenting plan but will make it a factor in the court’s decision. Before going to court, both parties need to follow pre-action procedures such as counselling and mediation. If the session with the family dispute counsellor did not work, then a parenting order must be put in place.
If you’re looking for Parenting Law assistance, we can help you create an arrangement that works for the whole family.In addition to our parenting law services, we also provide help in property settlements, divorce, will & estates, conveyancing and much more.
Feel free to contact Dettmann Phair Lawyers to book a consultation over email, phone, or via our website to help you get started!