CHILD RESIDENCE & CONTACT
Divorce can be a very distressing process not just for the parties involved but also for close family members. It is important to comfort your children through the process and make sure they understand what is going on and that it is not their fault. It is most important to keep the interests of the children in mind and ensure that they suffer as little as possible both during the divorce and in whatever arrangements are made for them subsequently.
Once you have separated from your spouse or partner, it is important to make suitable living arrangements for the children and ensure that both parents have contact with them.
The Family Law Act sets out the following principles: unless it would be contrary to a child's best interests:
If you and your partner can agree about the parenting of the children, who they should live with and the contact they should have with the other parent, then you may wish formalise that agreement through the Family Court. There is no obligation to do so.
If parents cannot agree about the parenting of their children, then an application can be made to the Family Court for its assistance in resolving disputes. Through the court process, the Family Court will encourage parents to reach their own agreement about the children but ultimately, if parents are unable to agree, the Family Court can make parenting orders about a child. A child residence order is a parenting order.
Whenever the court makes any orders about children, the most important consideration is what is in the best interests of the child.
This Information Outline is provided courtesy of Hall Payne Lawyers who are experienced in this area of law. They are located at Level 9, 344 Queen Street, Brisbane, QLD 4000 or call them on (07) 3221-2044 if you would like more information on this legal topic, or you wish to obtain formal advice regarding your situation.
Hall Payne Lawyers are an established Queensland firm practicing in the areas of employment law (unfair dismissal etc), accident compensation (WorkCover, motor vehicle accident, personal injuries), anti-discrimination & harassment, consumer law, family law, wills & estates, criminal law and conveyancing. Hall Payne Lawyers are a founding member of the Australia-wide PeopleLaw group.
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