Children’s Arrangements Post Separation

Putting Children First

When it comes to Family Law and how it impacts children in the event of a divorce or separation, it’s important to remember that the children’s needs come first. 

In the past, people have used terms such as “custody” and “access”. However, the Family Law Act now refers to children “living with” and “spending time with” each parent. This is very telling of how the laws are put in place to support healthy family dynamics and a more holistic approach to co-parenting and raising children together.

Your family dynamics and children’s needs are different from everyone else’s, which means that your outcome will be different too. Please remember that there is no “normal” living or care arrangement post separation - every family is different!

Often a child lives mainly with one parent and spends time with the other parent. Sometimes a child spends equal time with each parent but you cannot assume that this will be the outcome in your case as different arrangements work for different families. In our experience, better outcomes for children can be achieved when parents are involved in negotiating their care.

The optimal outcome for your children will depend on lots of things, including their ages, health and education requirements, extra-curricular activities, and where each parent will live after separation.

Of course, the care arrangements for your children prior to separation will be taken into account as well. Any issues with drug or alcohol issues, or mental health issues, will also be considered in the decision making process. So if there are any reasons that may reduce a parent’s capacity to adequately care for your children, you need to let us know.

We strongly urge you NOT to agree to an “equal time” arrangement for your children until you have obtained independent legal advice which takes into consideration the needs of your children.

While every family will need a parenting arrangement that is unique to them, there are a few key factors you can identify and discuss together in order to reach the best outcome for your children.

Your parenting plan should take these into consideration:

• Safety

• Living arrangements

• Holidays

• Schooling

• Medical requirements

Depending on the circumstances, there may be other factors that are relevant to you and your children, in addition to the above. It’s vital that you speak to an expert so that the care arrangements for your children are tailored to their specific needs.

Contrary to belief, court orders are not necessary or appropriate for everyone. It’s important to work out what you need and talk through any arrangements before signing an agreement. If circumstances do dictate that a Court Application is necessary, you can trust in our team to be fearless advocates to represent and guide you through the process.

Whatever happens, you will be supported to find an arrangement that works for your family. The future of your children can be bright and secure, with good discussion and clear arrangements.

Our Family Law Child Custody Lawyers Are Ready To Help

It is important to engage support and professional advice to ensure a safe and secure future for your children and we urge people to get advice early and before new arrangements for children are ‘locked in’.

We pride ourselves on having some of the best family lawyers for child custody issues. Our experience and expertise place us among the best divorce and custody lawyers in Brisbane.

If you’re looking for Brisbane child custody lawyers, our no obligation consultation call can help you find out more about how our team of child custody lawyers and help you make the best decisions for your children.

If you’d like a more detailed insight and strategy for your circumstances, we offer an initial consultation that is charged at a flat rate of $330 (including GST).  For this fixed fee, you’ll have access to a family custody lawyer that will offer legal advice that is tailored to your specific situation, so you have a more accurate view of what you need to do moving forward.

Ready to make child custody or living arrangements?

Frequently Asked Questions

To allow for more time to deal with your specific circumstances during our initial consultations, we’ve prepared this handy FAQ that covers some general topics and help you understand the divorce process a little better before meeting with our team of family divorce lawyers in Sydney or Brisbane.

How are living arrangements for children decided by the family court?

The best way forward when it comes to agreeing on the care of your children is to come to an agreement without needing intervention from the Family Court. This is the quickest and most affordable way for your family to move forward in a healthy and positive manner.

However, should you be unable to reach an agreement even with the help of a mediator, then Family Court will make the decision based on what is in the best interest of your children.

This is determined primarily by the benefit to the child of having a meaningful relationship with both of the child’s parents; and the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

The secondary factors that are taken into consideration include:

• views expressed by the child, depending upon their age;

• the nature of the relationship of the child to the parent or other persons (including grandparents);

• the willingness of each of the parents to facilitate and encourage a continuing relationship with the other parent;

• the capacity of each of the child’s parents to provide for the needs of the child; and

• any other fact or circumstance that the court thinks is relevant.

It’s vital that you have legal experts on your side should your case go to Court. At Franklin Family Law, our family court custody lawyers are well-versed in the laws surrounding the custody and care arrangements for children during a separation or divorce.

My partner and I can’t reach agreement – what are my options?

It is often difficult to negotiate and reach agreement with your partner. If you are in this situation you do have options. Sometimes a better understanding of each partner’s rights and obligations will assist both of you in reaching an agreement. 

At Franklin Family Law we can assist you in your negotiations with your partner. Perhaps mediation may assist, with or without one of our team being present with you during that mediation. We work tirelessly to assist you to reach an agreement without the intervention of the Family Court.

My partner and I have reached agreement – what happens next?

If you have reached an agreement about parenting and children’s arrangements, it is useful to talk to us about your options to formalise that agreement.

It is important to formalise your agreement or parenting plan, otherwise it is not legally binding and either person can renege on the agreement at any stage.

Parenting arrangements can be formalised without the need to attend Court. We can talk to you about the best option for you in your initial consultation.

Need professional advice? Talk to us.