Often the most difficult issue to resolve when separating is the parenting arrangements for children.

Parenting Agreements

 

The Family Law Act has a presumption of shared parental responsibility. It is important to note that this does not automatically mean that parents will spend equal time with their children. The Act dictates that the best interests of the child are paramount rather than the desire or the convenience of the parents.

At Lakey Family Law we focus our advice on the needs of the individual children involved in the dispute and what arrangements will be in their best interests.

Over the years we have dealt with some complex cases of parental alienation, neglect, child abuse, and non-parent applications.  We have also successfully litigated cases where parents wished to relocate with their children intrastate, interstate and overseas, again the best interests of the children are paramount.

If you are thinking about separating, or recently separated, we can help you to get an appropriate parenting arrangement in place.

Frequently Asked Questions

Will my ex get 5050 care of our kids?

The answer is it depends on what is best for your children.

There is no automatic shared time but substantial and significant and shared time is an option that must be considered.

Keys considerations include communication between parents, distance and working arrangements as well as ages of the children.

Can I move away with my kids if I separate?

Any desire to move away from the other parent generally needs to consent of that parent or a court order.

Again the best interests of the children are what determines these issues and a parent who moves without consent will often be forced back by the court until the matter is finally determined.