The safety of children in parenting matters is essential. Our team work tirelessly with clients to support them to make decisions with safety as a paramount consideration.
Clients present with heightened anxiety in parenting matters, often scared that they will lose their relationship with their children. Where possible we encourage therapeutic interventions to preserve and promote deep meaningful connections that thrive beyond separation between children and parents.
When litigation is required for parenting matters our team draw on years of experience to support clients identify appropriate outcomes and work toward resolution. Whether the litigation relates to relocation, abuse, neurodiversity or other more complex aspects in parenting litigation we have successfully navigated these for other clients.
Even after final parenting orders are made we work with clients, sometimes for years, to assist with the implementation and compliance with parenting plans and orders. We know that as children grow and lives change clients often need advice to steady the ship and remain on course.
Our team have depth of knowledge in parenting matters that include complex litigation in Megallan matters, relocation, and neurodiversity.
Parenting matters often require external supports from psychologist, psychiatrists, counsellors, drug and alcohol supports, parenting co ordinators, mediators and others. We are constantly engaging with support networks to ensure clients are referred to support who are the best in their fields.
Our staff know that a holistic approach where all parts of an equation must be explained only in reference to the whole gives our client the best possible representation.
Conflict impacts children negatively, we believe we can advocate for the right outcome without amplifying conflict. This approach works towards outcomes and preservation of relationships where possible.
Under the Family Law Act there is no specific age when a child can choose where they want to live. Instead if a child expresses a desire to live with one parent over another that desire is considered in the context of the child’s age, maturity and safety.
If you want to move with kids following separation the first consideration is where you intend to move. If the move will not impact the children spending time with both parents as intended such as moving to a neighbouring suburb and maintaining the same schools then typically the move can occur without issue. If however you want to move interstate or overseas then typically discussing this with the other parent and reaching agreement on the move and how the children will spend time with each parent is ideal.
There is no presumption that children spending equal time with both parents reflects their best interests and this is not an automatic “right” following separation. Every family is different and so too are their needs, time with parents needs to promote safety and reflect what is best for that particular child, it is not one size fits all. Ideally parents will negotiate following separation and reach an agreement on living arrangements for their kids, if they can’t reach agreement then sometimes court action is required.
If a child does not want to spend time with a parent following separation the first question should always be “why?”. If possible addressing the why can often lead to a resolution where time can occur. Therapeutic intervention can often help in these situations to identify the why and determine whether steps should be taken to rebuild relationships. If there are court orders for children to spend time with each parent and the child is refusing to attend you should seek legal advice immediately.
Do you have questions about our legal services or how we can assist with your case? Schedule an initial consultation with our team.
Accessible Family Law are proud allies of the LGBTQIA+ community.
Accessible Family Law acknowledges and pays respect to Traditional Owners of country throughout Australia.
