Please see our separate Fact Sheet for advice concerning Child Support.

What rights do I have as a parent?

The Family Law Act considers that parents do not have any “rights” to their children. The Act states that it is the children who have rights to know and have a relationship with both of their parents, subject to their best interests. There is no distinction in Australian Law between parents who are married and parents who are not married when decisions are taken regarding children.

If you reach agreement

If you and your former partner can reach agreement about what is to happen to the children, you can make this agreement formal by signing Consent Orders recording the agreement you have reached. The documents must be filed with the Family Court who will review the terms agreed and if they are satisfied that the arrangements are appropriate the Court will produce an Order which is binding on both pa rties. If the Court has some questions arising from the proposals submitted to them they will raise those before making an Order.

You can contact us at either of our offices to make an appointment to discuss your situation and for assistance with preparing Consent Orders if these can be agreed, or to make an application to the Court if agreement cannot be achieved.

Before getting to court

The Court Rules require that before starting proceedings in the court you must:

1. Write to your former partner and determine if they will participate in a dispute resolution process such as negotiation, mediation or arbitration; or
   
   
2. if this is unsuccessful, or if he or she will not agree to participate in dispute resolution, you must write a letter setting our your proposal for resolving the matter, and inform your former partner that you intend making application to the court if they do not reply.
   
   
3. From 1 July 2007, other than in certain limited circumstances, you will be required to attempt to resolve matters via mediation before you can issue an application to the Court.
   
   

We can assist you with all these pre-proceedings steps. (Please note that in certain urgent circumstances it is possible to apply immediately to the Court. Please speak to a solicitor for specific advice if you think that this is necessary).

Getting to court

If you cannot agree as to the arrangements for the children, you can apply to the appropriate court for orders about the children’s care. You may apply for orders concerning one or more of the following issues:

• With whom the child will live (previously known as Residence );
  
• How often and for how long the child will spend time with the other parent (previously known as Contact);
  
• Specific issues (matters such as health care, religion or schooling);
  
• Adoption;
  
• Issues such as changes of name, relocation or overseas travel.
  
  

To commence a case in court, an application together with supporting documents and the appropriate Court fee need to be filed in the court. The decision about which Court to file in depends on the complexity of your case and your solicitor will advise you about this, although the majority of applications will commence in the Federal Magistrates Court..

If you retain Connor Hunter to act for you we will:

• Assist you to prepare the appropriate documents to record an agreement if you are able to negotiate an agreement by Consent;
  
• Prepare the necessary documentation and ensure compliance with the court rules and legislation;
  
• Appear with you at court; and
  
• Act as your representative at court appearances and conferences with the other party.
  
• Provide you with detailed, specialist advice throughout the process.
  

How does the court decide?

The court’s most important consideration is what arrangements are in the child’s best interests. The court decides this by looking at various factors, such as:

• The child’s age and maturity;
  
• Any family violence;
  
• Whether the child is in a stable environment;
  
• Any wishes of the child (having regard to their maturity);
  
• The attitudes of the parents towards parenthood and the children.
  

In the absence of any child abuse or family violence the Court must consider making Orders for equal shared parental responsibility, and if they do make an order for equal shared parental responsibility the Court must consider the possibility of any children spending equal time with both parents.

Who can apply?

The mother and father of a child can both apply for an order about a child. In certain circumstances, other people concerned with a child’s welfare may also apply. This may include grandparents, aunts and uncles or step-parents.

Contact Us

If you need assistance with a family law children’s matter please do not hesitate to contact us at either of our conveniently located bayside offices

After the breakdown of a relationship, there is often more to consider. We can provide advice about associated issues including:

• Wills and estates;
• Company and trust restructures;
• Taxation consequences;
• Commercial and residential conveyancing;
• Property settlements.

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