Divorce With Children in Australia

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Divorce Becomes More Complex When Children Are Involved

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While divorce itself does not determine parenting arrangements, the Court must still consider the welfare of children.

Court Requirement

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Where children are under 18, the Court must be satisfied that:

  • Proper arrangements have been made for their care

The Court considers:

The Court considers:


  • Where the children live
  • Time spent with each parent
  • Schooling and education
  • Financial support

Divorce Does Not Determine Parenting Orders

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Divorce does not decide:


  • Custody
  • Parenting orders
  • Time arrangements


These must be dealt with separately.


Parenting Disputes
If parents cannot agree:

 

  • Mediation is usually required
  • Court proceedings may be necessary

Key Considerations

  • Best interests of the child
  • Stability and routine
  • Safety and wellbeing

Common Issues

  • Disagreement about living arrangements
  • Relocation disputes
  • Communication breakdown

Before finalising your divorce, speak with a property settlement lawyer in Sydney to protect your financial position.

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