Parenting disputes: How Does the Family Court Make Decisions About Children

Parenting disputes: How Does the Family Court Make Decisions About Children

At The Norton Law Group we understand that separation can be difficult for not only the parties but also the children. Very often we work together with qualified counsellors, psychologists and specialist child psychologists who can help both with separation counselling and in coming to an agreement about where children live and how much time they spend with each parent.

Recent changes require:

• compulsory dispute resolution for parties before they go to Court;
• certification of attempted dispute resolution;
• equal shared parenting;
• children spending equal time, or substantial or significant time with each parent.

The interests of the children remain paramount and as such each case needs to be approached on an individual basis to determine what arrangements are best suited for each family situation.

When parents separate or do not live together deciding how to best parent their children

The Family Law Act provides that unless it would be contrary to a child’s best interests, that:

• Children have the right to know and be cared for by both their parents.
• Children have a right to spend time on a regular basis and communicate on a regular basis with both parents.
• That parents jointly share duties and responsibilities concerning the care, welfare and development of their children.
• That parents should agree about the parenting of their children
• That children have a right to enjoy their culture.



For more information regarding the Family Law Act and how it applies to children and parenting arrangements please contact us as just as each child is an individual so to is the approach to be taken when dealing with parenting disputes – each situation is very different and each matter should be approached on a case by case basis .

If parents can agree about the parenting of their children, who their children should live with and the time that their children should spend with the other parent, then they may formalise that agreement in several ways, including parenting plans or formal Court Orders.

If parents cannot agree about the parenting of their children, then an Application can be made to the appropriate Court – usually the Federal Circuit Court or the Family Court.

Through the Court process, parents will be encouraged to reach a negotiated settlement with a court hearing being a last resort.

Need more information:

Children innocent victims

Changing a child’s name

Relocation and Children

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