My partner and I have separated, and we have children
Co-parenting children can be difficult at the best of times let alone when you’re separated. Upon separation, several questions arise. For example:
- Who should the children live with?
- What major decisions should be made about the children?
- What time should the children spend with the other parent?
Usually, in the early stages of separation there is a lack of trust and hurt making it difficult to communicate and come to an agreement about this.
What time should the children spend with each parent?
Sometimes this can be difficult for parents to hear, but in separation matters, the Court’s primary focus will always be the best interests of the child. This means, that sometimes the parents’ expectations may not always be aligned with how much time the Court grants for each parent.
How do I know what the best interests are?
If the Court is required to decide, some of the major considerations are:
- Maintaining meaningful relationships between the children and each parent by ensuring significant time spent; and
- What the risks are to the children if they spend time with a parent and how the risk can be reduced.
I heard Court can be costly
Yes, attending Court can be financially costly. It can also be emotionally taxing for each of the parties and the children. It can also take significant time for a matter to be finalised leaving you in uncertainty.
For this reason, the Family Law Act requires parents to attempt mediation to resolve how they will parent their children after separating. However, this is not always possible, and court may be inevitable.
Where can I get help?
At Omnia Legal Sunshine Coast, our family law professionals can guide you through the process of separation or divorce. We provide you with options and we specialise in negotiating between parents with the focus on keeping your family out of Court.
Book in for an initial free telephone legal advice consultation on 54 139 238 to discuss whether we can assist you further.
Please contact our family lawyers at Omnia Legal Sunshine Coast for all your family law enquiries including divorce. Our family solicitors are happy to review your individual circumstance and provide you with personal family legal advice to assist you.
This article provides general information on legal topics for educational purposes only, and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors, and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.