If you cannot agree on the parenting arrangements for your children, the Court can make orders regarding the following matters:
- The time a child is to spend with each parent
- Whether one or both parents are to be responsible for the day-to-day decisions for a child
- Whether one or both parents are to be responsible for decisions regarding the long term issues concerning a child
where a child will go to school
- mechanisms for the parents to consult each other before taking a child to a doctor or undergo medical procedures
whether a child can travel overseas or interstate
- In making Parenting Orders, the paramount consideration for the Court will always be ” the best interests of the child”.
Generally speaking, the Court will consider the following objectives in determining the most suitable orders:
- The need to protect a child from violence
- The right of a child to know and be cared for by both parents
- The right of a child to spend time and communicate with both parents
- The desirability of both parents sharing the duties and responsibilities concerning a child
If the parenting dispute is about how much time a child is to spend with each parent, the Court must consider whether an equal shared (or “50/50”) arrangement is in the best interests of the child. If it is not, then the Court must consider whether it is best for the child to live with one parent, and spend substantial and significant time with the other “non-resident” parent (previously called the “non-custodial” parent). This may include the child spending time with the non-resident parent on weekends, or a combination of weekends and some weekdays, and on holidays and other special occasions, so that a meaningful relationship may be maintained by that parent having involvement in the child’s day to day routine, as well as during special occasions.
At Edwards Family Lawyers, our experienced Family Lawyers will advise as to the most suitable parenting arrangements for your children, and will provide advice as to the possible range of orders that could be made by the Court depending on the circumstances of the family.
Contact us for more information concerning these issues.
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