Children

When a separation occurs and children are involved where possible we encourage both parents to try to reach an agreement as to how each parent will spend time with the child/ren. Should the parents agree they can enter into a parenting agreement or obtain Consent Orders which are approved by the Court.

Should parents be unable to reach an agreement about how each parent will spend time with the children, it may be necessary to go to Court. We encourage our client to engage in mediation prior to making a Court application. The Court will make an Order that is in the best interest of the child/ren. It considers that both parents will share the parental responsibility for the child/ren and make decisions about major long-term issues. However, the Court does have the power to remove parental responsibility from one or both child/ren if it is in the best interest of the child/ren. Both parents also have a duty to support the child/ren financially which can be done by private agreement or through Child Support.