Parenting & Children

In separations involving children, the law requires all parties to act in the children’s best interests. This means that any agreement or parenting Orders must reflect what is in the best interests of the child or children including, where they live, what education they receive, who cares for them and what time they spend with different members of their family.

Pursuant to Family Law Legislation children have the right to spend time with and develop a meaningful relationship with both of their parents. Children have the right to maintain contact with significant extended family members including grandparents who care about their care, welfare and development.

Pursuant to Family Law both parents have equal shared parental responsibility for their children unless a Court determines otherwise, due to various reasons. When parents separate, the parent with whom the child is spending time has responsibility for the day to day issues. Long term issues affecting a child’s care, welfare and development such as what health care they receive, their religious and cultural upbringing and what school they attend should not be made without consulting the other parent.

If parents cannot agree on what arrangements should be made for their children, they are required to attend Family Dispute Resolution (FDR) . Attending FDR is a mandatory requirement before commencing proceedings in the Family Law jurisdiction seeking parenting orders. There are some exceptions including, if for example there has been a history of violence in the relationship.

Some matters involving complex issues can not be resolved by consent and proceedings must be commenced.

Parenting matters can be very daunting and emotional, however it does not have to be stressful. At Gergis Solicitors we will assist you at every step of the process to ensure your rights and interests are protected. We will keep you well advised at every stage in order to achieve the best possible outcome for you and your family by offering you prompt expert advice at fair and reasonable rates.