A parent’s time with their child is determined according to what is in the child’s best interest. It is usually of benefit to the child to have as much time as possible with both parents to enjoy their company and to receive their guidance, love and affection.
If you and your ex-partner have reached an agreement as to the time that you will both spend with the child and how the time will be divided, you should consider putting in place a Parenting Agreement or applying to the Court for a Parenting Order. It is important to seek an experienced child custody lawyer to put an Agreement or an Order in place so your rights are fully protected if issues arise.
The Family Law Act 1975 requires you to attend mediation and obtain a certificate from a registered Family Dispute Resolution Practitioner before you file an application with the Court for an order in relation to a child. Our family law solicitors will ensure you are prepared for the mediation and will guide you through the process.
There are certain circumstances where a certificate is not required including issues of urgency and violence. If you believe you have a matter of urgency or if you or a loved one are experiencing violence, you should reach out to any relevant authorities and contact us immediately on 07 3390 2344.
If you are planning on travelling or moving interstate or overseas, you should ensure that you have a written agreement or court order in place prior to the children’s departure. Failure to do so may result criminal charges and in the court ordering the return of the children.
If your ex-partner has taken or is planning on taking your children without your consent, there are measures that we can take. You should seek urgent legal advice from one of our child custody or family law solicitors.
You should never discuss any dispute between you and your ex-partner with your children. Your children should never be a witness to an argument between you and your ex-partner. Both parents need to be focussed on what is best for the children during this difficult time.