Child Matters

Separation is a stressful time and can affect your children. During your family law matter you may need to determine arrangements for the care and support of your children.

We can work with you to come to an agreement with your former partner in relation to where the children will live, time spent with the children, holiday arrangements, child support, spending time with other significant peoples (such as grandparents) and other issues you wish to resolve.

For further information in relation to what the Court considers in Child matters, and how separations may affect the lives of your children – see the Family Court’s and Federal Circuit Court of Australia’s website, or contact us for an initial consultation so we can assist you further.

Child “Living” Arrangments

‘Parenting Orders’ can be made by the Family Court by consent when parents agree about the arrangements for their children; and the couts make Orders in contested matters. The Courts will consider what is in the best interests of the child/ren in the making of these orders, as governed by the Family Law Act. These Orders can determine the long and short-term living and care arrangements for the child/ren.

Court orders are binding, and therefore parties affected by the order must comply with it.

In the ordinary course, a 60I Certificate is required before commencing child related proceedings.

Child Support

As at July 2016, the Department of Human Services is responsible for administering Australia’s child support scheme. You may seek to apply to the Department of Human Services if you wish child support to be paid.

However, many parties make their own arrangements and agreements for the financial support of children and choose not to seek support via ‘Department of Human Services.’ We can assist you in outlining the positives and negatives of making your own arrangements, and in the drafting your agreement.

Grandparents and other carers (including kinship care)

Particular circumstances may arise where children have to be cared for by a person other than their parents. We can assist you navigating the legal system, and inform you of your options in relation to gaining or maintaining care of, or seeking time with, your grand-children.

Child Location and recovery

In unfortunate circumstances, a parent or carer may remove a child from their usual residence preventing another parent or carer from spending court ordered time with the child because the child cannot be located. This may require an urgent application to the court to locate the child. We can assist you in these circumstances.

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