See an expert
Nothing in life is quite as important to us as the safety, wellbeing and future happiness of our children. That’s why if you are dealing with legal issues relating to your children you need the reassurance of genuine expert advice and guidance.
Kennedy Spanner’s family law team, located in Brisbane, has the experience and expertise to give you the advice that you need to protect the interests of your children.
The Family Law Act requires that the best interests of the child are the most important factor when deciding on their living arrangements when parents separate. The Family Law Court will operate on the basis that, where possible, a shared parenting arrangement is in the child’s best interests.
This does not mean an automatic equal amount of time must be spent with each parent but it does mean that each parent will have a right to their input on major decisions affecting the life of the child. This may include decisions about medical treatment, schooling and religious and cultural activities.
It is important to be aware of these legal principles and to give yourself realistic expectations about what Orders the Court may be willing to make where you are not on good terms with your former partner.
The law relating to how Courts approach children's issues is very strongly weighted towards avoiding litigation and Court appearances. This is good news for parents and children alike as it ensures both parties must explore non-litigious options.
In particular, if you are in dispute with your former partner about children’s issues then you are required to attend a family dispute resolution process before resorting to litigation unless an exception applies.
Once you have completed the dispute resolution process you can apply for a parenting Order. Kennedy Spanner works hard to help you reach a resolution so that the parenting Order can be made jointly by both parties but this is not always possible.
We will advise you on what you should expect during this part of the process and prepare a parenting Order that may deal with who the child should live with, how much time they will spend with each parent and how you and your former partner should communicate with each other.
Early action required
Remember that children’s issues should be dealt with as soon as possible after a separation occurs to minimise the disruption and uncertainty that the child may face.
Children’s issues are certain to raise high levels of stress and sometimes animosity between parents. Accordingly, it is important that each parent remain child focused throughout this process to ensure that all decisions are made based on the ultimate well-being of the child/children.
If you need to know what to do to safeguard the future wellbeing of your children, contact Kennedy Spanner Lawyers for a confidential meeting today.