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When it comes to your children and what is in their best interests, we understand that you have to fight for what is right.

Under the Family Law Act 1975, the children or child should have a meaningful relationship with both parents. However, a Court will always make an Order in relation to custody matters considered to be in the best interests of the child or children.

Each of the parties will both, more than likely, continue to share “equal shared parental responsibility”. However, when a resolution that benefits all parties cannot be agreed upon and mediation is required, a lawyer specialising in Children’s & Parenting Matters can step in to assist in the process.

What does this mean?

This means that both parents have the right to share the responsibility of decisions regarding major long-term issues, such as choice of schooling, health and religious practices. The Court, however, in some circumstances, may remove parental responsibility from one party, or in extreme circumstances, both parents.

An FDR is Required Before You Can Take Your Family Matter to Court

If parents or guardians cannot agree to what is in the best interests of the children, the parties must attend Family Dispute Resolution (FDR). FDR is a form of mediation which focuses on assisting the separating parties to come to their own agreements and resolutions regarding what is best for both their child and their future.

The parents or families in dispute must attend FDR under family law before any proceedings in court can be initiated. Cases that involve allegations of family violence, interventions orders, child abuse or other extremely urgent matters are exempt from family dispute resolution.

For those that require information, counselling, dispute resolution and group programs to help parties mediate their children and parenting matters, Oxford Partners can help to connect you with an appropriate third-party provider.

What is the Role of a “Child Custody” Lawyer in Children’s & Parenting Matters?

Note: Under the Family Law Act, in Australia, we do not use the terms “child custody arrangements”, instead we refer to this as Children’s & Parenting Matters. So, while “child custody” may be the more widely-recognised term, Children’s & Parenting Matters will be the preferred terminology when working through the custody process.

We often tell our clients that it would be in the children’s best interests for you to be able to co-parent, however, in some circumstances, that is not a feasible solution. If the two parents can come to their own arrangement, we can formalise that arrangement for you. In the event that parents cannot agree as to what is in the children’s best interest, we would issue proceedings on your behalf and take the matter to Court.

What Factors Are Considered When Agreeing on Children’s & Parenting Matters?

• When deciding on matters as a “child custody” lawyer, we look at numerous factors, some may include:
• Where should the children live?How much time should the child spend with the other parent?
• What is to happen if a party wishes to take the child on an overseas holiday?
• Are there any issues or safety concerns with the child spending more or significant time with one party?
• What will happen on the child’s birthday?
• How will third parties wanting to spend significant time with the child or children (such as grandparents, aunts and uncles) be handled?

Some of these issues may be agreed between the two parents. However, in the event that this does not occur, it may be necessary for the parties to obtain a Family Report. Our “child custody” lawyers will sit down with you during your first consultation and explain the process with you in detail and what the potential outcome could be for you in this highly stressful time.