Following separation, parties are faced with many decisions about their children, including how they will divide their time between homes, how important decisions will be decided and how the smaller things are communicated.
The Federal Circuit and Family Court of Australia determines disputes about parenting arrangements and issues by considering a list of objectives and principles that result in the living arrangements that are in the best interests of the children.
The primary considerations are whether there is a benefit to the children of having a relationship with both parents following separation, and the need to protect children from the risk of psychological or emotional harm or exposure to harm.
Where the two primary considerations conflict, the Court is required to prioritise protecting a child from the risk of harm over the child’s right to maintain a relationship with both parents following separation.
The additional considerations are comprised of the 13 matters set out in section 60CC(3) of the Family Law Act, including:
- any views expressed by the child and any factors (such as the child’s maturity) that the court thinks are relevant to the weight it should give to the child’s views;
- the nature of the relationship of the child with:
- each of the child’s parents; and
- other significant people, including siblings, grandparents and step-siblings;
- the extent to which each of the child’s parents has taken, or failed to take, the opportunity:
- to participate in making decisions about major long-term issues in relation to the child; and
- to spend time with the child; and
- to communicate with the child;
- the extent to which each of the child’s parents has fulfilled, or failed to fulfil, their obligations to maintain the child;
- the likely effect of any changes in the child’s circumstances, including the likely effect on the child of any separation from:
- either of his or her parents; or
- any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living;
- the practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain the relationship;
- the capacity of each of the child’s parents and any other person (including any grandparent); to provide for the needs of the child, including emotional and intellectual needs;
- the maturity, sex, lifestyle and background of the child and of either of the child’s parents, and any other characteristics of the child that the court thinks are relevant;
- if the child’s right to enjoy an engage with their Aboriginal or Torres Strait Islander culture
- the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child’s parents;
- any family violence involving the child or a member of the child’s family;
- any findings of family violence or Intervention Orders which have applied or which apply.
At Empower Family Law & Mediation we will apply the same principles to helping you negotiate post- separation parenting arrangements that are best for your children. Our focus will be on using our experience to help you reach agreement with your former partner. If you can reach agreement with your former partner, we can help you to obtain Court Orders to formalise those arrangements. If you cannot agree, we have the experience and knowledge necessary to help you litigate.
At Empower Family Law & Mediation we can help you to find the right arrangements for you and your family.
From your very first conference with us you will know where you stand, what your options are and what to expect.
That is why your first 30-minute consultation with us is FREE.