Children's Issues

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Whether a child is born out of a marriage, de facto (opposite sex or same sex) relationship, or other relationship, the Family Law Act deals with most matters pertaining to children upon the breakdown of a relationship, or where a dispute arises.

The law dictates who has responsibilities towards children, and the rights of children. Many parents can sort out matters relating to their children between themselves. This is the most ideal situation, where possible. However, not all parents or other concerned people can sort out issues relating to: -

• With whom a child should live;
• What contact the child may have with another parent, or how his/her living arrangements are shared;
• Who has responsibility for making decisions about various issues, or conferring parental responsibility; and
• In some cases, who actually is a parent?

Court Orders called “Parenting Orders” can deal with these issues, and regulate arrangements for children.

The Family Law Act sets out what matters are taken into consideration when working out arrangements for each individual child, where the ultimate consideration is the best interests of the child.

What is in the best interests of one child will be different to that of another child, and each case is determined on its own facts and circumstances.

The process of obtaining Parenting Orders can involve a similar process to obtaining orders for property settlement by consent, assuming agreement is reached. Where agreement cannot be reached, there is a process for seeking Parenting Orders on the basis a Court may need to make a determination on behalf of the parties.

Although the same legal principles apply to all children no matter from what kind of relationship (with the exception of State Welfare and Adoption matters), there is a choice of three Courts for obtaining Parenting Orders. These include the Family Court, the Federal Magistrates Court and the Local Court. The procedure in each Court varies, and which Court is appropriate for your case will depend on the issues in dispute, which Court is able to deal with it more quickly in cases of urgency, and which Court services your area.

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