Parenting Arrangements
When a relationship ends, everyone involved experiences an emotional upheaval. Separating and dividing property is difficult. However, agreeing to child custody is one of the most complicated facets when a couple divorces.
Opting to seek legal counsel is a wise decision. Because seemingly countless conflicting emotions are in play, many couples choose to make their parenting arrangements through lawyers. This ensures the best possible outcome for everyone involved.
The Family Law Act
Navigating the legal system is challenging. You should be aware of the factors involved in making parenting arrangements, as explained in the Family Law Act.
- Australian Family Law focuses on what is in the best interest of the child
- Learning what is in the child’s best interest and making provisions under the law is at the heart of custody hearings
- Parents have the responsibility to care for their children
- Children have the right to be adequately cared for and protected from harm
- They have the opportunity to build meaningful relationships with both parents
- They have protection from abuse, neglect, physical violence, or harm
- They have parents who fulfil their responsibilities by providing adequate and proper parenting
How the Court Decides Parenting Arrangements
The weight and responsibility of deciding parenting arrangements are not lost on the court. In addition to seeing the child’s best interests, the Australian Family Court examines any risk factors in the child’s life, such as abuse, violence, or harm.
The court operates on the belief that children benefit from their parents sharing responsibilities. However, the court may opt to give responsibility to one parent if there is evidence of abuse, neglect, physical violence, or harm. These are reasons to deny shared parenting as it is not in the child’s best interest.
The Family Court is interested in the child’s wishes. These will increase in weight as the child grows older.
Why Choose Us
The court will issue parenting orders after considering all factors involved in determining the child’s best interest.
Parenting orders typically include:
- Parental responsibility
- Living arrangements
- Time spent together and communication between a parent and child as well as any other aspect of the care
- Development and welfare of a child in the areas of education, religion, medical care, and travel
- Any other specific issues which are relevant to the child’s best interests
Living Arrangements
The Family Court will use all of the information gathered to decide which living arrangements are in the child’s best interest.
Live-With
In this arrangement, the court has reason to believe that it is in the child’s best interest to live with one parent (the primary caregiver) and spend most of their time with this parent.
Equal Time
The parents divide their time with the child. So, parent A will spend X amount of time with the child, and then parent B will spend an equal amount of time with the child. Often, this is set on a week about basis.
Substantial Time
While this is not equally divided time, both parents are still a part of the child’s life and involved in day-to-day activities and special events.
Our Packages
The Family Court will use all of the information gathered to decide which living arrangements are in the child’s best interest.
Book Free Consultation
If you believe you have a case but would like more information, feel free to contact us. We can schedule your appointment for your free one-hour consultation and receive our recommendations. You do not need to struggle through a difficult time alone. Allegra Family Lawyers is here for you.
- Experienced Perth based family lawyers
- Free one hour initial consultation, obligation free
- Clear advice and a no-nonsense approach on all matters
- Cost effective & affordable
- Fixed fee packages
