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I am living in Sydney, Australia.We have just separated and disagree about arrangements for the children. What should we do?

Advice on Resolving Disputes Over Child Custody Arrangements in Sydney, Australia

1. Understand Family Law Principles Regarding Custody Arrangements

Australia's Family Law Act 1975 sets out principles for child custody arrangements, focusing on the best interests of the child. The court considers the following factors to determine what is in the child's best interests:

  • The child's relationship with each parent and other significant family members
  • The child's needs, including emotional, psychological, and physical needs
  • Each parent's capacity, attitude, and willingness to meet the child's needs
  • Other relevant factors such as the child's health, safety, and happiness

2. Attempt Negotiated Settlement

Firstly, try to resolve custody arrangements through negotiation. Discuss with your former spouse and attempt to reach an agreement. This can be done through:

  • Direct Communication: Try to discuss custody details amicably.
  • Mediation: If direct communication fails, consider mediation to help facilitate an agreement. Mediation involves a neutral third party (mediator) assisting both parties in finding a solution.

3. Draft a Parenting Agreement

If you reach an agreement, you can formalize it into a written Parenting Agreement. This agreement should include:

  • Residential arrangements for the child
  • Visitation schedules
  • Arrangements for education, healthcare, and other important decisions
  • Any other relevant matters

4. Apply for Consent Orders

If you want the parenting agreement to have legal force, you can apply to the Family Court for Consent Orders. Consent Orders are court-approved agreements that have legal validity.

5. Seek Legal Advice

If negotiation and mediation are unsuccessful, it's advisable to seek professional legal advice. A lawyer can help you understand your rights and guide you through legally resolving the issue.

6. Apply to the Family Court

If unable to resolve through negotiation or mediation, you can apply to the Family Court for Parenting Orders. The court prioritizes the best interests of the child when making Parenting Orders.

Explanation of Important Legal Concepts

Family Law Act 1975: The primary law in Australia governing marriage, de facto relationships, property division, child custody, and other family matters.

Mediation: A method of dispute resolution where a neutral third party helps parties reach an agreement.

Parenting Agreement: A written agreement reached by parties concerning the custody arrangements for a child.

Consent Orders: Court-approved agreements that have legal effect.

Parenting Orders: Court orders specifying child custody arrangements when parties cannot agree.

My Recommendations

  • Attempt Amicable Negotiation: Start by attempting to negotiate amicably with your former spouse to see if consensus can be reached.
  • Consider Mediation: If direct negotiation fails, consider mediation.
  • Draft a Written Agreement: If consensus is reached, formalize the agreement into a written Parenting Agreement.
  • Apply for Consent Orders: Formalize the agreement legally through Consent Orders.
  • Consult a Lawyer: If negotiation and mediation are unsuccessful, seek early advice from a family law specialist to understand your legal options and the best course of action.
  • Legal Recourse: Utilize the family court system if necessary to apply for Parenting Orders.

I hope this information is helpful to you. If you have any other questions or need further guidance, please feel free to ask.

Legal Link Finds Similar Case Law for You
Law Firm's Insights
Date
8 March 2016
Place
SYDNEY
Appellant
Karras Partners Lawyers
Judge
RYAN,ALDRIDGE,LE POER TRENCH
Highlights
1. The father has parenting responsibility for R from Monday to Friday from 7.00am to 6.00pm, and from 10.00am to 9.00pm on weekends, excluding statutory and public holidays. This parenting arrangement will commence on 1 July 2014 and will continue until the child reaches 18 years of age or until the parties agree to change it; 2. The mother has parenting responsibility for S from Monday to Friday from 7.00am to 6.00pm, and from 10.00am to 9.00pm on weekends, excluding statutory and public holidays. This parenting arrangement will commence on 1 July 2014 and will continue until the child reaches 18 years of age or until the parties agree to change it; 3. The mother has primary residential responsibility for T from Monday to Friday from 7:00am to 6:00pm, and 10:00am to 9:00pm on weekends, excluding statutory and public holidays; 4. The father is entitled, subject to the orders dated 25 June 2014, to Spending Time with the Children at weekends (on one day every two weeks) in accordance with his parenting schedule as set out in paragraph 2 above; 5. During school terms (which start on 1 September), each party is responsible for the children's education (subject to the terms of any relevant educational agreements between the parents or relevant authority). In addition, each party is responsible for settling their own school fees/tuition; 6. There is no overnight stay with either parent without the other parent's agreement; 7. Any dispute between parent about matters relating to the children shall be resolved by mediation or conciliation before a Family Dispute Resolution Service ('FDR') provider nominated by each party; 8. If after attempted mediation or conciliation a dispute cannot be resolved through these services then either party may apply to the Court for a hearing; 9 .The father shall pay maintenance of $25 per week plus GST unless there is agreed financial provision in writing by both parents; 10 .The father shall pay all reasonable travel expenses incurred by either parent in connection with his role as a parent (excluding any costs associated with relocation); 11 .The parties shall cooperate in arrangements for holidays/festivals/special occasions such as birthdays etc.; 12 .Any agreement made between parents about care of children must be recorded in writing and signed by both parents before it comes into effect; 13 .If there is a change of address for one
Judgment
The text of the judgment is as follows: That the appeal be dismissed. That the father pay the costs of the Independent Children’s Lawyer in the amount of $2,871.00 within 28 days. That the application of the Independent Children’s Lawyer that the mother pays half those costs be dismissed. That within 14 days the mother file and serve an affidavit addressed to rule 19.08(3) of the Family Law Rules 2004 (Cth), together with written submissions (if any) arising therefrom. That within 14 days of service of the affidavit referred to in the above order, the father file and serve written submissions in reply (if any).

Valuable Law Firm's Insights for you

Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

What types of child custody arrangements are available in Australia?

The types of child custody arrangements available in Australia are joint custody, sole custody, shared custody, and split custody. 1.Joint custody means both parents share the legal and physical care of the child or children, and decisions about the child's upbringing are made jointly. 2.Sole custody means one parent has the legal and physical care of the child or children, and makes all the decisions about the child's upbringing. 3.Shared custody means both parents have significant and substantial time with the child or children, and both are responsible for making decisions about the child's upbringing. 4.Split custody means each parent has sole custody of at least one child.

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What happens if one parent wants to move away with the child?

If one parent wants to move away with the child, they must seek the other parent's consent or permission from the court

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Can child support be affected by child custody arrangements?

Child support can be affected by child custody arrangements, as the amount of time each parent spends with the child can affect their child support obligations.

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Other FAQs You may Interested In
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