We understand that the nature of children’s matters is especially delicate and extremely important. We approach all family law matters involving children with the utmost sensitivity and the best interest of the children as the primary consideration.
Our expert lawyers provide realistic and insightful advice on matters regarding parenting, child support and issues involving family violence.
- Parenting Arrangements (Custody)
- Child Support
- Family Violence
Work with a respectful, well experienced and understanding family lawyer and call 03 5941 1622.
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Frequently Asked Questions
Are children required to live with parents equally following separation?
The short answer is no -the Family Law Act 1975 provides for parents to have equal shared parental responsibility for children of a relationship and to continue to make joint decisions regarding the children’s long-term development and welfare. That responsibility does not equate to equal time between the parents of a child or children of a relationship.
In considering parenting arrangements for children following separation the “best interests of the child” is the primary consideration.
What are the Best Interests of the Child?
When determining parenting arrangements and matters relating to the care and welfare of a child, the court is directed to a number of factors including:
- Protecting a child from harm;
- Depending on the child’s age and level of maturity, the child’s wishes;
- The right of the child to maintain a relationship with both parents;
- The right of the child to maintain a relationship with other important people in the child’s life;
- The right of the child to be parented in a way that is consistent with the child’s present and future needs.
How old must my child be before they can make their own decisions?
There is no clear answer to this question. The best interests of the child remain the paramount consideration in parenting matters and the wishes of the children will become more important the older and more mature the child is.
What if my child is at risk of harm when in the care of the other parent?
Protecting children from harm is a primary consideration in relation to parenting matters. Measures and actions are available to parents concerned with the parenting capacity of the other parent and their ability to protect a child from harm.