Child Custody

Generally, no.

Parties are required to participate in mandatory mediation before initiating Court proceedings. There are of course exceptions to this rule, for example where family violence exists or where there is a real risk of harm to the child.

That’s great. Provided the arrangements and workable and in the children’s best interests, a consented outcome is far better than spending time and emotional resources in litigation.

You may choose to have these arrangements turned into a Parenting Plan or filed with the Court through Consent Orders.

If you have not yet been issued with a “Section 60I certificate” from the mediator, request one.

The next step is to prepare the required Court documents and commence a Parenting case in the Federal Circuit and Family Court of Australia.

The recent Guidelines by the Federal Circuit and Family Court of Australia have set the life-cycle of a case at 12 months. Considering cases could historically take around 2-3 years to complete, this is an ambitious target.

While the results of the recent reforms will be determined in time, our goal is to resolve your case wherever possible. Settlement options can be pursued at any stage of the Court process and we will work with you to ensure there is no wastage in time, money and emotional resources.

As a general principle, the older the child is, the more influential their views become, though it will always depend upon maturity levels. For example, the views of a teenager would carry far more weight than those of a toddler.

While children’s views may be influential, they are only one of several factors the Court must take into account when making orders that reflect the children’s best interests.

It depends.

Not every case is suitable for an equal shared care arrangement. Without limiting the scenarios, for example: where there are very young children (e.g. under 3) whom have a strong primary attachment to one parent; where the communication between parents is poor or non-existent; or where the distance between the parents’ residences makes it unworkable.

In the end, each case will depend on its unique facts and circumstances, and the Court will be guided by the best interests of the children as the guiding consideration.

Child support is calculated on several factors, one of which is the number of nights within a fortnight that the children spend with each parent.