O’Neill Family Law understands that parenting matters can be complex and emotional, especially when they involve separating parents and children.
We specialise in representing parents, as well as grandparents and other significant relatives who are seeking parenting arrangements.
Arrangements for children after separation
O’Neill Family Law can assist you through the process of negotiating, dispute resolution or litigation with respect to your parenting agreements post-separation.
This will often lead to a Parenting Plan or Consent Orders being formulated with the terms therein being tailored to your specific situation.
A Parenting Plan is a written agreement determining where your children will live and how much time they will spend with each parent.
Although a Parenting Plan is not legally enforceable, this is an option if you and your former partner are able to reach an agreement on the living and time arrangements for your children after separation.
However, if you cannot agree, you may need to file for Consent Orders through the Court.
The Court will take into consideration factors such as:
- the children’s individual needs;
- the relationship between each parent and the children;
- the relationship between extended family and the children;
- each parent’s capacity to care for the children and;
- any impact on the children and the best interests of the children.
Who is responsible for making decisions about the children?
The law does not alter a parent’s responsibility for their children, regardless of the parent’s relationship status. Both parents have equal shared parental responsibility for children under 18 years of age unless otherwise determined by the Court.
Parental responsibility refers to the legal obligations and duties that parents have for their children including education, health, religion and living arrangements.
Equal shared parental responsibility does not mean that both parents will have equal time with their children, but they are required to consult with each other and make joint decisions about significant issues regarding their children.
What is the process of relocating with children?
If one parent wishes to relocate either with their children or away from their children post-separation, the relocation may impact the parent’s ability to maintain significant time with the children.
If parents cannot resolve the issue of relocation independently, a parent may need to make an Application to the Court to either get permission to relocate with the children or prevent the other parent from relocating with the children.
The Court considers several factors when making decisions about relocation including the best interests and welfare of children.
Contact us for assistance
Our team of lawyers have extensive experience with parenting matters and can provide the expert legal advice and support you need.