Children and Parenting

With any legal dispute involving children, the best interest of the child will always be at the forefront of any decision made by the courts. Unless there is evidence of child abuse or violence, the courts generally start on the presumption that it is in the child’s best interests to have parents with equal parental responsibility. However, equally shared parental responsibility does not necessarily equate to equal time with each parent. In most cases, the Family Law Courts encourage the parents to decide between themselves what will happen with the care of the children following a relationship breakdown. If you and your ex-partner can communicate with each other, you may be able to enter into a flexible parenting agreement. Bateys expert lawyers can assist you with the negotiations to put an effective parenting arrangement in place. Do not delay and contact our reputable legal team today.

Parenting Arrangements in South West Sydney

A parenting order is a set of decisions that cover the arrangements for the care of a child. Where there is a dispute in a relationship about the arrangements for a child’s care, the following core objectives must be considered:

• Children have the right to know and be cared for by both parents.
• Children have the right to spend time with and regularly communicate with both parents as well as any other significant person, such as grandparents.
• Any duties and responsibilities relating to the children’s care, welfare and development should be shared by the parents.
• The future parenting arrangements of the children should be agreed between the parents.
• Children have the right to enjoy their culture including doing so with others that share that culture.

Initially, both parties involved should try and resolve the matter outside of court using family dispute resolution (FDR). This process uses mediation to help the parties decide on the relevant parenting arrangement and to agree on issues involving the future care of the children. By keeping the matter out of court, the whole process can be less stressful as well as handled in a quicker and cheaper manner. FDR can also prevent relationships from deteriorating even further and, more importantly, protect the children from needing to attend court during the process. Agreements that are reached in an amicable fashion have a much greater chance of lasting and being followed by both parties.

There are two options in relation to structuring any agreement:

1. The use of an informal agreement such as a parenting plan. There are risks with this approach that need to be considered as they are not enforceable in a Court if they are breached.
2. A formal agreement made through the court as a consent order.

If you and your partner want more certainty, then a consent order may be the best way forward. We always recommend that the agreement is confirmed in a consent order approved by the court. Our family lawyers can guide and assist you in drafting all the relevant documents for filing at court. By doing so, only the paperwork (not the people) goes to Court and, once approved by the court, the orders become legally enforceable.

Contact Bateys reputable family law solicitors in Revesby, NSW today

At Bateys, our reputation is not only built from providing first-class legal advice, but also for our exceptional standard of client care. We pride ourselves in offering a relaxed environment in which our dedicated team can provide you with professional legal advice in relation to your children and family. No matter how difficult your situation, our friendly and empathetic lawyers can help guide you through every step of your case, leaving you feeling confident about your future. Our experienced family law solicitors will expertly advise you on all legal issues surrounding your case as well as negotiating the best possible outcome for both you and your children.

For clear and pragmatic legal guidance, contact our offices on 02 4708 9507, or get in touch via the online contact form.