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CHILD RESIDENCE
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:
- children have the right to know and be cared for by both
their parents regardless of whether their parents are married, separated, have
never married or have never lived together;
- children have a right of contact on a regular basis with
both their parents and with other people significant to their care, welfare
and development;
- parents share duties and responsibilities concerning the
care, welfare and development of their children; and
- parents should agree about the future parenting of their
children. Parents are encouraged to agree on matters concerning their children
rather than seeking an order of the court.
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.
FURTHER INFORMATION
If you would like more information on this legal topic, or you wish to obtain
formal advice regarding your situation, contact Johnston Withers Barristers &
Solicitors. They are located at 17 Sturt Street, Adelaide SA 5000 or
call them on (08) 8231 1110.
Johnston Withers comprises fourteen lawyers, two paralegals and nineteen
support staff. We deliver legal services to clients ranging from large
corporations, trade unions, and community organisations to small businesses,
families and individuals. Johnston Withers have permanent offices in Adelaide,
Port Augusta and Whyalla, and visit Clare regularly. Service delivery is
provided through a team structure with teams being organised to meet client
needs quickly and cost effectively.
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