Children and Custody

Cloudscape

 

 

 

 

 

 

Separation is usually a stressful time for your children. They may experience a range of emotions that are difficult for them to deal with and talk about with you. They may behave in ways that are unusual for them.

People considering separation or divorce are encouraged to use services in the community to resolve issues. Community-based services that can help you and your family include:

  • Family Counselling
  • Family Dispute Resolution
  • Arbitration

Generally, what is said during family counselling and family dispute resolution is confidential.

Reaching an agreement can offer many advantages, such as:

  • you make your own decisions
  • you greatly reduce the financial and emotional costs of legal proceedings
  • your continuing relationship as parents is likely work better
  • you are able to move forward and make a new life for yourself
  • you may improve communication with your former partner and be better able to resolve disputes in the future

If you cannot reach an agreement, you may consider applying to the Court for orders. In the Family Court, parties intending to apply for parenting orders must follow pre-action procedures before filing an application.

Alternatively, to have an enforceable arrangement the parties can formalise the parenting arrangements by consent orders.

Linda can guide you through this process and provide the most appropriate legal advice.

 
Legal Terminology

Respondent – The other party to the proceedings.

Affidavit – A formal court document setting out a sworn or affirmed set of facts.

Interim Parenting Order – Sets out the parenting arrangements with whom the children live and spend time with pending a final hearing.

Call Linda’s friendly team to arrange an appointment