Children & Court Orders

Child Custody

In Australia,  to ensure that children maintain meaningful relationships with both parents, unless it is contrary to their welfare. When parents separate or divorce, they are encouraged to reach a parenting agreement through mediation or negotiation outside of court. This agreement covers matters such as where the child will live (residence or primary care), how much time they will spend with each parent (contact or visitation), and decision-making responsibilities regarding the child's upbringing (responsibility for long-term issues, such as medical, education, and other).

If parents cannot reach an agreement, they may apply to the Family Court or Federal Circuit Court for a parenting order. The Court will consider various factors, including the child's views (if mature enough to express them), the nature of the child's relationship with each parent, any risk of harm to the child, and the practicality of proposed arrangements. The court's primary concern remains the child's welfare and safety, aiming to ensure stability and consistency in their lives post-separation. Ultimately, Australian law encourages cooperative parenting and the involvement of both parents in their child's life, promoting shared responsibility and decision-making where feasible and beneficial for the child. Section 60CC outlines what factors the court will take into consideration when determining the best interests of the child, which cover a wide range of circumstances, understanding that every family’s circumstances are unique.

The court process is seen as a last resort for parenting matters. It's important to remember that the court process can be incredibly stressful for parents, and this stress will often impact children. Therefore, it's in the best interest of all parties involved to explore other avenues of resolution before resorting to the court.ess should be viewed as a last resort for parenting matters. The court process can be incredibly stressful for parents, and this stress will often impact children.

If you are struggling to come to an agreement with your ex-partner about the care of children, feel free to contact Bentleys Barristers & Solicitors for real-world be seen as a last resort for parenting matters. It's important to remember that the court process can be incredibly stressful for parents, and this stress will often impact children. Therefore, it's in the best interest of all parties involved to explore other avenues of resolution before resorting to the court. advice, with a focus on the practical impacts and solutions that can be reached to resolve your matter in a cost-effective, friendly and caring manner.

‍