Child access and custody is by far the most stressful and emotionally charged aspect of any separation
The best interest of the child is the guiding principle under Australian Family Law. There is no formula as to how many days the children are to spend with each of their parents and the law recognises that each child and family is different.
Children have a right to enjoy a meaningful relationship with each of their parents and to be protected from psychological and physical harm. Usually parents are able to agree with each other as to the amount of time that a child will spend with each of them. Unfortunately, this is not always the case and at times the need to protect the child becomes the most important issue when considering the amount of time and contact they will have with each of their parents.
The following questions are the most commonly asked when considering future arrangements for children:
- Is the law that the children spend 50:50 time between their parents?
- How does the Court determine custody, access or time between parents
- Can we share the costs of the nanny or au pair?
- When do children get to choose?
- How to stop my ex-partner changing arrangements with respect to the children?
- Can the children be taken overseas without both parents’ consent?
- How does mental illness, personality disorders and addictions affect parenting arrangements?
- Do we need court orders about our children?
- What happens if the other parent dies and there are parenting orders?
- Do grandparents have rights?
- Can I change a children’s order after it has been made by the Court?
As Family Law Specialists and Doyles recognised Family Lawyers, we pride ourselves on our ability to help you through the most complex of situations be it maintenance, children or property related.