After a breakdown in a relationship the most stressful part is ensuring that your children are OK.

The ‘best interests of children’ is the paramount consideration in any arrangements regarding your children and the legal position is that children should be able to have a meaningful relationship with their parents.

The Court requires that in most cases the parents have attended mediation before asking a Court to decide for them.

There are options for private mediation or funded mediation and we can certainly recommend someone that we feel would assist you.

At your initial consultation we can guide you in the right direction, ensuring when you attend mediation you are fully aware of what you should be agreeing to, and why.

Things to consider are:

  • The ordinary time the children will spend with each of you.Time for Christmas, birthdays, special events.
  • Holiday time.
  • Overseas or interstate travel.
  • Relocation (where one party wants to move away to a different location and take the children with them).
  • Protecting children from any family violence or risk of abuse.

Relocation

A common issue is one parent wishing to relocate with the children to a town far away, that will affect the time you each ordinarily spend with the children. We call this Relocation. Relocation can be a complex issue, and if you want to move, or are the parent not wanting the children to be loved, contact us now for a Quick Resolution Session to get the best advice in moving forward.

Sometimes after separation a parent will take children to live in a far away town without the other parents knowledge, or consent. This is called a Recovery Order.

A Recovery Order is where the Court is asked to order the return of a child or children where they have been removed from their ordinarily place of residence, by a party.

It is important to note that the Court does not have the power to order a party to return, only children under the age of 18 years.

If you feel this applies to you, contact us now for a Quick Resolution Session to get the best advice in moving forward.

Contact us to book a consultation

(08) 6370 4460

Leah Keegan has been working almost exclusively in the area of
Family Law since 2008, firstly as a paralegal and then as a lawyer
following her admission in 2013.

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