Parenting Matters

When making decisions about which parent will care for the children after separation, parents are always encouraged to regard the children’s best interests as the paramount consideration. It is usually considered that it is in a child’s best interest to have a relationship with both of their parents. If you and your former partner agree on who the children will live with and how much time they will spend with the other parent post separation, you can enter a Parenting Plan and avoid the need to go to Court. A Parenting Plan is not legally enforceable but can be finalised by way of Consent Orders filed with the Court, in which case the arrangement becomes legally enforceable. If you and your former partner cannot reach an agreement over parenting arrangements for your children, you may need to commence proceedings in the Family Court or Federal Circuit Court. This can only be done after you and your former partner have made a genuine effort to resolve the dispute through Family Dispute Resolution, if appropriate to do so.

It is important to remember that parental responsibility is not altered by the breakdown of the relationship between two parents. Both parents will continue to have what is known as ‘equal shared parental responsibility’ for their children under 18 years of age unless the Court says otherwise. At law, ‘parental responsibility’ refers to the legal obligations and duties which parents have for the care, welfare and development of their children. This includes, but is not limited to, the children’s education, health, religion and living arrangements. ‘Equal shared parental responsibility’ does not mean that both parents will have equal time with the children but it does mean that they are required to consult each other and make joint decisions about major long-term issues regarding the children. It is not always easy for parents to share parental responsibility and to co-parent effectively after separation. There are circumstances where it may become necessary for one parent to make an application to the Court for sole parental responsibility, for example, where there is family violence, abuse or a high-level of conflict between parents. Our lawyers at Aston Legal Group understand this and can assist you to navigate shared parental responsibility post separation or advise you on sole parental responsibility in certain circumstances.

Where one parent wishes to relocate either with their children or away from their children post separation, potential relocation could make it difficult to maintain the children’s time with each parent. Parents should try to make a genuine effort to resolve the issue amicably between themselves wherever possible. If parents cannot resolve the issue of relocation between themselves, a parent may need to make an application to the Court to either get permission to relocate with the children or to prevent the other parent from relocating with the children. The Court will consider the best interests and welfare of the children before making a decision. The most effective way to ensure that the other parent of your children does not attempt to relocate with your children is to make sure there are parenting orders in place which address the issue.