Children’s Issues –
Family Law

When parents separate it is important that arrangements be made for any children of the relationship in a manner that will support their emotional, physical and financial needs.

Our family law system requires parents to regard the best interests of the child as the paramount consideration when considering arrangements for children after a separation.

The key issues that may need to be decided between parents after separation are:

• How important decisions will be made for the children (for example, decisions about education, health and religion);
• Whom the children will live with during school terms, school holidays and on special occasions;
• Whom they will spend time with;
• How frequently and by which means the children will communicate with their parents and other family members of significance; and
• Any other important issues regarding the health and wellbeing of the children.

The parents should avoid exposing children to any conflict between the parties. In the first instance parents should attempt to negotiate parenting arrangements without need for recourse to court proceedings and formalise any agreement reached in writing.

Please refer to our guide, “Parenting Plan or Consent Orders?” to read more about formalising parenting arrangements.

If you have been unable to negotiate parenting arrangements directly with the other party, you may need the assistance of an independent third party to help you communicate with the other parent at a mediation or family dispute resolution service.

Fiona Kennedy, our Principal Solicitor, is an Accredited Specialist in Family Law and can assist you to prepare for mediation with the other parent by exploring your options with you, preparing documents that might assist the negotiation and is available to attend with you if you require legal advocacy.

In circumstances in which the parents have been unable to agree or have been unable to participate in family dispute resolution procedures because of safety concerns for the children or one of the parents, our family law solicitors can assist you to consider whether it would be in the children’s best interests to make an application seeking parenting orders in the Court.

We understand that a family breakdown may be an extremely distressing experience for you and your loved ones. Delaney & Delaney will approach your matter with diligence, care and discretion.

We can assist you to negotiate with the other parent on all issues making the children’s best interests our guiding principal.