We believe that Family Dispute Resolution (FDR) is in the best interest of children. By engaging in this process, you can work towards solutions that prioritise your children’s well-being and reduce the impact of separation on their lives. Our team is here to guide you through this process and connect you with qualified professionals who can facilitate constructive communication and help you find resolutions that work for your family.
Family Dispute Resolution is a requirement prior to any formal court proceeding for parenting matters that the parties have attempted to attend Family Dispute Resolution.
The Family Law Act and the Federal Circuit and Family Court of Australia have a default presumption that each parent of a child will have equal shared parental responsibility. This is not to be confused with the custody and care of the child/ren.
It is a common confusion of separated parents that equal shared parental responsibility means 50/50 custody rights.
Equal shared parental responsibility means that each parent has the right to be informed and make decisions a parent ordinarily would concerning the child/ren. These can include:
However, the Court recognises that there are circumstances where one parent should not be afforded the above right to make decisions regarding the care and wellbeing of the child/ren.
The presumption of equal shared parental responsibility is rebutted where there are substantiated allegations of abuse of the child, domestic violence or where a parent has demonstrated they do not possess the requisite parental capacity to provide for the child/ren and protect them from harm.
In accordance with the Family Law Act 1975, when the Court is tasked with determining what the spend-time arrangements are for the child/ren, the paramount consideration is the best interests of the child.
The act provides an initial presumption of the Court that it is in the best interests of the child/ren to have a continuing and meaningful relationship with both parents.
It is then for each party to decide what that continuing and meaningful relationship is. It can be one of the following 2 options:
The above decision is based upon the concerns and needs of the child/ren and, the practicality of any spend-time arrangement.
At Foye Legal, our team of dedicated lawyers understand the significance of spend-time arrangements in promoting the well-being of the child/ren. We work closely with our clients to develop personalised and child-focused solutions that address the unique circumstances of each case.
Significant and substantial spend time varies widely between matters. What is important is that where the presumption of equal shared parental responsibility is in place, the significant and substantial time should include both weekend and weekday time.
This is because being a parent and having equal shared parental responsibility means that each parent is entitled to do and participate in things a parent normally would. Be it doing school drop-off or pick-up, assisting with homework, extracurricular activities, or having a lazy Sunday at home, each parent where possible and practical is entitled to participate in these activities.
It is up to the parties to determine what is significant and substantial time.
Ultimately though, the paramount consideration of the court is that the spend-time arrangements are in the best interests of the child/ren.
Where there are issues and concerns of child abuse, domestic violence, mental health and alcohol and other drug abuse, the Court may impose restrictions on how one parent may spend time with the child/ren.
If any of these issues are present in your matter, it is important that you seek independent legal advice about the best way forward.
Our team at Foye Legal will handle your parenting matter with expertise and compassion.
Need clarity on parenting orders in Australia? Foye Legal, serving the Illawarra, South Coast, and Sydney, can help you understand and navigate these crucial arrangements for your children. Contact us for expert guidance.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
A parenting order is a legally binding decision made by the Family Court of Australia that outlines arrangements for children after separation. It can cover aspects like who the child lives with (residency), how often each parent spends time with the child (contact), parental responsibility for making long-term decisions, and communication methods.
The paramount consideration for the Family Court when making parenting orders is the best interests of the child. This involves considering factors such as the child’s safety, well-being, views (if mature enough), the nature of the relationship with each parent, and the practicalities of the proposed arrangements.
Yes, parenting orders can be varied (changed) by the Family Court if there has been a significant change in circumstances since the original order was made, and the court is satisfied that the variation is in the child’s best interests. This might involve changes to living arrangements, contact schedules, or parental responsibility.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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