Parenting Orders and Children's Issues
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When parents separate they must consider the living arrangements and other aspects concerning the future care and interests of their children. These decisions can be negotiated directly between parents and can be assisted with mediators, counsellors and their lawyers.
In the event of conflict between parents and disputes over suitable arrangements for the care of children, it is recommended that you take prompt action in seeking legal advice to avoid being placed in an unfavorable position for a lengthy period whilst waiting for court action to commence.
If parents cannot agree on parenting orders, then court proceedings can be commenced to seek a resolution through a trial where each parent’s proposal is considered by the Court. The primary consideration for the Court is the child’s best interests. Some factors which a court is required to consider in the child’s best interests will include the relationship with parents, the parent’s attitude to parenting responsibilities, the impact of changes to a child’s circumstances and protection of children from abuse and violent situations.
An interim application can be determined for the temporary arrangement of children’s care until the Court makes a final decision following a Trial.
In Court, consideration is given to parental responsibility and decision making, with whom the child will live, the time allowed for the child to communicate or spend time with the other parent and specific issues covering any other aspect of parenting for instance schooling, religious influences and other activities.
Any person (including grandparents) concerned with the welfare and care of a child may make an application for a parenting order.
Since 1 July 2007, it has been a compulsory requirement, prior to filing an application for Parenting Orders, to obtain a certificate from a registered family dispute resolution practitioner. You may be exempt from having to obtain the certificate if, for instance, you require an urgent Court Order (such as when a child has been abducted) or there would be a risk of family violence or child abuse if there were delay in making the application.
Liptak Lawyers can advise you with regards to parenting disputes, negotiate Consent Orders on your behalf or, if Court action is required, we can prepare your Court documents and represent you in Court.
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