CUSTODY & PARENTING

In most family law matters, the kind of result likely to be available in the courtroom will usually tend to have a strong influence on the kinds of result likely to be available via negotiation. If one party can obtain a result from the court that they think is preferable, they might be inclined to involve the court and to reject proposals they feel are less preferable. This applies to property issues and to parenting.

Section 60CA of the Family Law Act says that in “deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration”.

Section 60CC provides guidance about considerations relevant to determining what is in a child’s best interests. Primary considerations (section 60CC(2)) concern the benefit of a child having a meaningful relationship with both parents and protection from harm.

Additional considerations include (briefly and in no particular order):

• views expressed by the child;
• the nature of relevant relationships;
• the extent to which parents have fulfilled obligations;
• likely effect of potential changes;
• issues of practicality and expense;
• parents’ (and others’) capacity to provide for needs;
• the maturity, sex, lifestyle and background of the child and parents;
• parents’ attitudes concerning the child and related responsibilities;
• violence issues;
• minimising court involvement;
• any other fact or circumstance that the court thinks is relevant.

For more detail see Parenting and related sub-headings in our glossary.

The above is a very brief and general summary. There are many cases that deal with children and parenting, with particular circumstances and with weighing the considerations listed above. There are many very common mistakes that can be avoided by taking a little time to talk to us and to gain a better understanding of how parenting issues are resolved under family law and about those cases that might relate to your (or children’s) circumstances. Call us on 02 9222 8000.

Conflict-Resolution & Parenting Plans

If parents can negotiate an agreement between themselves or through their legal advisors, the Family Court or the Federal Circuit Court will probably approve a parenting plan, which sets out the parenting arrangements for their children.

Where agreement cannot be reached through mediation, we can help you with legal advice and assist you in court. The Family Law Act makes many provisions for parenting, which we can argue for and secure in court. We will endeavour to keep this process as smooth and free of anxiety as we reasonably can, and will explain every option that the law provides for you and your children.

Expert Legal Help, in any Child Custody Situation

We have specialist practitioners who can help in the event of extreme or unusual events. For instance, our team includes experts on the Hague Convention against the abduction of children, and on relocation issues, such as when a parent decides to remove a child suddenly interstate or overseas. While we hope no child custody situation reaches such a distressing point, and will endeavour to ensure that it doesn’t, we have the compassion and the determination to get the best possible outcome for you, no matter what your family is going through.

Any divorce or separation will have a deep emotional impact on a couple’s children, but at Diamond Conway we have the skill and sensitivity to negotiate a parenting agreement that has the children’s best interests at its heart. In mediation or in court, we are ready to assist you. Our legal team includes an accredited specialist in Family Law, partner Tom Doumanis. For compassionate and expert advice on any aspect of child custody, call us today on 02 9222 8000.