Custody and Parenting children
Family Law Sydney & Orange NSW
We acknowledge that one of the most challenging aspects of a relationship breakdown is its impact on the family, especially on children.
The Family Law Act is the governing legislation that dictates the allocation of time children will spend with each of their parents. When it comes to children's matters, the primary consideration for the Court is the child's best interests. For a child custody lawyer, the core belief is that children require a meaningful relationship with both parents, unless specific exceptions apply. This belief is at the heart of our approach to family law.
Custoday agreements
You can reach an agreement with the other parent of your children and formalize this agreement in two ways:
Consent Orders – These are orders made by the Court confirming the agreement you reach. They are binding on both parties and finalize the arrangements.
Parenting Plan – This is a flexible agreement but is not legally binding on either party.
The process of reaching an agreement can be influenced by:
Parents agreeing among themselves on the future arrangements for their children without external assistance.
Parents engaging a solicitor to negotiate through letters and telephone calls with the other parent or their solicitor.
Attending Family Dispute Resolution.
It is always best that parents resolve matters independently of legal representatives. If communication breaks down between yourself and your partner, we will try to negotiate with the other side thorough correspondence and mediation. Failing that, we will need to file an application in the court.
Going to Court
The child's welfare takes precedence when the Court deliberates on children's matters. Central to this principle is the recognition that children typically benefit from maintaining a meaningful relationship with both parents, except in cases where exceptions apply, such as child neglect, family violence, or the risk of neglect or family violence.
The Court adheres to The Family Law Act, which outlines the primary and secondary considerations (s.60CC considerations) that must be taken into account when determining a child's best interests.
For more information contact Wilding & Co Lawyers for a free consultation.
