The end of a relationship will usually see some changes to the day-to-day care arrangements for your child, even if only to adapt to the change in each parent’s living circumstances.
Care arrangements for children under 18 following the separation of parents are governed by the Family Law Act.
Shared responsibility
When it comes to parenting, family law is firmly focused on the best interests of the child. In the absence of any family violence or child abuse, there is a presumption that it is in your child’s best interests for both parents to have what is called ‘equal shared parental responsibility’.
This means that Mum and Dad share all of the responsibilities that go hand in hand with parenting.
Decisions about major long-term issues, such as where your child goes to school, changing your child’s last name or moving with your child to a new area, should be made jointly by the parents in consultation with each other.
Shared time
Shared parental responsibility is not to be confused with shared time. Many people still refer to ‘custody’, ‘access’ and ‘visitation’ when discussing children’s living arrangements. The current terminology is ‘lives with’ for custody, and ‘spends time with’ for access and visitation.
Separated parents are encouraged to cooperatively reach agreement about their child’s living arrangements. Family dispute resolution services, such as Family Relationship Centres and Relationship Australia, can help you navigate potential issues of conflict.
Davey Law can help you to negotiate parenting arrangements and document your agreement into either a Parenting Plan or into legally binding Consent Orders.
If you are unable to reach agreement with the other parent and a court decision is required in your circumstances, the court will consider whether it is in your child’s best interests (and is reasonably practicable) to spend either equal time, or substantial and significant time, with each parent.
‘Substantial and significant time’ includes your child spending time with each parent not only on weekends and holidays, but also during the week, so that both parents can be involved in the child’s daily routine, schooling and special occasions.
We offer an initial consultation for a reduced rate of $195. This first consultation usually takes 1 to 2 hours. In this time, you can tell us about your situation and we can provide you with initial advice.
Sometimes, an initial consultation is all that is required, and clients who see us for an initial consultation are under no obligation to retain our firm.
We are conveniently located in the Eaton Central shopping centre at Eatons Hill, where there is plenty of parking available. Being located on the outskirts of the city rather than in the Brisbane CBD, our overheads are lower than similar-sized city firms. This allows us to pass on the savings by way of reasonable fees.
Why Davey Law?
- We explain your options in plain language
- We aim to provide real value for money
- We care for our clients
- We specialize in all aspects of family law in the Petrie area:
o Parenting and children’s matters
o Child support
o Domestic violence
o Divorce
o Separation (and pre-separation) advice
o Property settlement
o Financial agreements
o Spousal maintenance
o Collaborative law
o Court documents and hearings
To make an appointment, please contact us on (07) 3325 3378 or via email [email protected].
