Welcome to Family Law Cairns

Important issues in Family Law for the Cairns Community. Articles contributed by: Stephen Roberts, Principal Solicitor, Roberts Lawyers, Cairns.

If you wish to follow up any articles or seek legal advice the contact details for Roberts Lawyers are as follows:

Phone ; (07) 4052 7514

Email; info@robertslawyers.com.au .

Website;http://www.robertslawyers.com.au/RobertsLawyers731/Page/8887/FamilyLaw.aspx



Tuesday, November 2, 2010

Organising Care Arrangements for Children

Disputes regarding children following the breakdown of a marriage or de facto relationship can be upsetting for all parties not least the children. In my experience the most lengthy and emotionally challenging child disputes are situations where there is a sudden separation without any proper discussion as to the future care of the children. Unfortunately this is sometimes a necessary process and where there are issues of domestic violence this may be the only practical option.

If possible it makes good sense for separating couples to sit down and discuss reasonably the arrangements for the care of the children before separation. Otherwise it is sensible to enter into mediation as soon as possible following separation so that some certainty can be established at an early stage. This can assist in minimising conflict. The current law requires that parties attempt to mediate prior to commencing court proceedings relating to child issues – except where domestic violence exists or there is some urgency.

I find that new clients are often interested in the idea of a “shared care” or “equal time” arrangement. It is fair to say that the Family Law landscape shifted substantially with changes enacted in 2006, with greater emphasis being placed on the concept of an equal time arrangement. Sometimes this can be an excellent solution for all parties. However there are circumstances when these types of arrangement will not be appropriate where significant domestic violence exists or where such an arrangement will not work in practice.
Therefore when contemplating an equal time arrangement consider whether the children spending equal time with each parent is in their best interests and look at the following factors:

· Proximity of the parents’ homes
· Working arrangements of the parents
· Relationship shared by the children and each parent
· Children’s relationship with other siblings

If it is not in the best interests of the children to spend equal time with each parent, consider whether should they spend a significant amount of time with the other parent. This should ideally include week-day and week-end time as well as holiday time to enable the other parent to be involved in all aspects of the child’s life if possible.

These are all issues that can be discussed with your legal advisor who can explain the benefits of entering into either a parenting plan or alternatively more formal consent orders.