You may be asking the question……How to Apply for a Parenting Order after I have separated?
You may also be asking ……. What Happens with the Children When you Separate?
Once you reach that dreaded decision to separate it is in the best interests of the child or children of the relationship to have a meaningful relationship with both of their parents.
The first step in ensuring the best interests of the child are taken care of is usually drawing up a parenting plan which sets out when the children will be with each of the parents and for how long.
Most parents usually accept responsibility for the children on a week about arrangement. Any times shorter than this will generally unsettle the children who will already be disturbed by their parents’ separation. At law, children have a right to a meaningful relationship with both parents, and to spend significant if not equal time with both parents.
Sometime this is not in the best interests of the child, particularly if the child was the victim of physical, psychological or sexual abuse. In these circumstances, it would not be in the best interests of the child to spend a significant or equal amount of time in the care of an abusive parent.
When there are issues or concerns around abuse or when parents cannot come to a mutually agreed parenting plan, the next step is to let the court decide. This will involve going to court and presenting the court with all the relevant facts and allowing a judge to decide what is in the best interests of the children.
The judge will consider all of the facts presented and reach a decision. At times, the court decision may not be ideal for both parents as such, one needs to be prepared for all the possible outcomes.
The court will then make Parenting Orders which will be in the best interests of the children of the relationship and will ensure their safety and well-being.
If your specific situation requires you to go to court, there are procedures that you must follow and documents that need to be read by all parties. You can find more information and the relevant documents on the Federal Circuit Court of Australia website.
Finally, you must have attended a mediation to try and sort things out. The Court hates to waste time on simple matters that could have been sorted by the parties themselves, therefore it is imperative that you can demonstrate that you have taken all the necessary steps associated with reaching and agreement with your spouse or partner.
The law gives children rights in the case of a relationship breakup to have a relationship with their parents. It does not give the parents a right to have a relationship with their children.
If you are experiencing a separation and want to find out what will be best for the children, come and see the team at A.L.F. Lawyers who can assist you through these difficult times.
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