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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
This Information Outline is provided courtesy of Westminster Lawyers who
specialize in this area of law. They are located at Level 9, 552
Lonsdale Street, Melbourne, VIC 3000 or call them on (03) 9670-1734
you would like more information on this legal topic, or you wish to obtain
formal advice regarding your situation.
Westminster Lawyers is a specialist family law firm practicing in Melbourne,
Australia. We have eight lawyers including three lawyers accredited by the Law
Institute of Victoria as specialists in family law. We are able to assist you in
all areas of family law including prenuptial and precohabitation agreements,
matters arising after the breakdown of a marriage or a relationship and Wills
and estate planning. Our lawyers speak a number of languages including: English,
French, Italian, Mandarin, Cantonese, Shangaihese, Hokkien and Japanese. We are
part of a world wide network of affiliated law firms with expertise in family
law. We act in a number of international family law matters and are able to
offer our clients the benefit of seamless service between offices spread across
Australia, North America, Europe, Asia and the Pacific.
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