The best interests of a child is the paramount consideration.
Primary considerations are the benefit of a child having a meaningful relations with both parents and the need to protect a child from abuse, neglect or family violence. There are other considerations. There is a presumption that parents have equal shared parental responsibility for their child but the Family Court can rebut this presumption if it would not be in the best interests of the child.
Parenting Orders could cover issues such as:
- Living arrangements for a child;
- Time spend & communication with a child;
- Parental responsibility for a child;
- Any other aspect of the care, welfare or development of a child, such as religion, education, medical and travel.
Pre-action procedures in Children’s Matters
There is a requirement that parties attend upon a Family Relationship Centre or other recognised family dispute resolution practitioner to try and resolve and agree on parenting matters. If that fails, then the parties can have recourse to the Family Court. In case of urgency, child abuse or family violence an exemption can be sought.
At Torney Legal we can assist you prior to going to a family dispute resolution conference, by providing you with advice as to what would be a good arrangement in your circumstances. If dispute resolution fails then we can advise and represent you in Family Court proceedings.
Torney Legal undertakes work funded by Legal Aid and will assist our clients in seeking Legal Aid grants where appropriate.