Family Lawyer

Protecting the Relationship with your Children

When parents separate or divorce, it is common for there to be disagreements about who the children will live with and how much time they will spend with the other parent. These disagreements can often lead to conflict and be very stressful for everyone involved, particularly the children.

Robson & Oliver Solicitors are family lawyers who can assist you in resolving these disputes peacefully and amicably. We understand the importance of your relationship with your children and will work with you to find the best possible outcome for your family. Our dedicated and compassionate lawyers will provide you with the best possible advice and representation.

If you are located in Sawtell, Coffs Harbour, Bellingen or the surrounding areas, and you need assistance with a parenting dispute, please contact us today.

Happy Couple Signing Contract — Law Firm in Coffs Harbour, NSW
Couple Meeting With Lawyer — Law Firm in Coffs Harbour, NSW

Parental Disputes in Australian Law

Australian law dictates that children have a right to spend time with both parents and to be protected from harm. There are a number of factors that the court will take into account when determining what is in the best interests of the child, including:

  • The child’s views and preferences (if they are old enough to express a view).
  • The child’s relationship with each parent and other significant people in their life.
  • The child’s need for stability and routine.
  • Each parent’s capacity to provide for the child’s needs.
  • The child’s physical and mental health.
  • Any family violence perpetrated by either parent.
  • Whether each parent has taken or failed to take an active role in the child’s life
  • Whether children are of Aboriginal or Torres Strait Islander descent, and if so, the importance of their connection to their culture.

The court will also take into account any other relevant factor that it considers relevant to the child’s best interests. In cases where there are allegations of family violence or child abuse, the court will give these considerations greater weight.

Frequently Asked Questions

Parenting orders are made by the court and set out:

  • Which parent the child lives with;
  • The time the child spends with each parent (also known as ‘time sharing’) and other aspects of the child’s care, welfare and development;
  • Who makes decisions about major long-term issues concerning the child; and
  • The communication arrangements between the child and each parent.

You can make a parenting order by applying to the court for one. An application for a parenting order can be made by agreement between the parties (with or without the assistance of lawyers), or, if the parties don’t agree, by one party making an application to the court.

A family lawyer can give you legal advice about your options, help you negotiate an agreement with the other parent and, if necessary, represent you in court.

If you and the other parent cannot agree on parenting arrangements for your child, you may need to go to court so that a judge can decide what arrangements are in the best interests of the child.

Compassionate Legal Care

At Robson & Oliver Solicitors, our family lawyers help parents navigate the often-complex process of arranging parenting orders. We understand that this can be a difficult and emotional time for families, and we are here to help you achieve the best possible outcome for your children.

For compassionate legal care and advice on your family law matter, please reach out to our team on 02 6653 1755 today.

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