CHILD SUPPORT & CUSTODY LAWYERS KIAMA

Separation often involves making important decisions about where children will live and how they will continue their relationships with each parent and, in some cases, extended family such as grandparents. Our family lawyers in Kiama can assist you in working through these arrangements.

The Family Law Act no longer uses terms like “custody” or “access.” Instead, the Court makes parenting orders. These outline where children will live, the time they spend with each parent, and how their connection with other important family members will be maintained.

Parental responsibility is the duty parents have to make significant decisions about their child’s upbringing, including matters relating to health, schooling, religion, and lifestyle. The law generally presumes both parents share this responsibility, unless circumstances justify otherwise.

Shared responsibility requires parents to consult each other and make joint decisions about long-term issues such as education, major medical care, or overseas travel. Everyday decisions, however, are made by the parent who is caring for the child at the time.

This refers to decisions about a child’s daily routine, such as meals, clothing, and activities. The parent with immediate care makes these short-term choices.

The law encourages children to maintain meaningful relationships with both parents. Shared care may involve equal time or an arrangement where each parent has substantial involvement. Factors such as the child’s needs, parents’ work schedules, and travel considerations all influence what is practical.

If you cannot resolve parenting issues, our Kiama family lawyers can assist with negotiation, mediation, or court proceedings to help reach an outcome in your child’s best interests.

If both parents reach agreement, the terms can be formalised and submitted to the Court as consent orders. Once approved, these orders are binding, reducing the likelihood of future disputes and providing certainty.

A parenting plan is a written agreement between parents covering arrangements for children. While signed and mutually recognised, it is not legally enforceable unless converted into court orders.

The Court takes children’s views into account but does not base decisions on their wishes alone. A child’s age, maturity, and emotional development are considered. Older children’s opinions may carry more weight, but the wellbeing of younger children is also carefully assessed.

When deciding what supports a child’s best interests, the court examines several elements, including emotional wellbeing, safety, and the ability of each parent to meet the child’s needs. The overall impact on the child’s stability and development is central to every decision.

The primary carer is usually the parent who has taken on most of the daily responsibilities, such as preparing meals, managing routines, attending medical appointments, and supporting education. The Court also considers whether these responsibilities have been shared equally or will be in the future.

Protecting children from harm is a central principle under the Family Law Act. This includes safeguarding them from physical, emotional, or sexual abuse, as well as from exposure to unsafe or violent situations. Parents must take steps to prioritise their child’s safety and wellbeing.

Before a parenting dispute is taken to court, parents are generally required to attend family dispute resolution (FDR). This involves a mediator helping both parties attempt to reach agreement. Regardless of the outcome, the mediator issues a Section 60I certificate confirming participation or refusal.

Yes. Mediation is not required in certain cases, such as where there is evidence of family violence or abuse, urgent concerns like unauthorised relocation, or where participation is not possible due to substance misuse or serious mental health issues.

Parenting orders can be varied by agreement between the parties. If agreement cannot be reached, you may apply to the Court for changes, usually after attempting further mediation. Orders may be adjusted where there has been a significant change in circumstances.

Child support refers to financial contributions made by one parent to assist with the day-to-day costs of raising a child after separation. Payments may be made as regular instalments or as a lump sum, covering essentials such as healthcare, education, housing, and other living expenses.

In Australia, child support generally becomes payable once parents separate and the child resides in the country. Support typically continues until the child turns 18 or finishes their final year of high school, whichever occurs later.

Either parent may be required to pay, depending on their income and the care arrangements in place. This obligation applies to biological parents, adoptive parents, and parents through IVF, regardless of whether the relationship was a marriage or a de facto partnership.

The Child Support Agency applies a formula that considers each parent’s adjusted income, the number of children they support, and how much time the child spends in each household. Parents in Kiama can also use the online calculator provided by the Department of Human Services to estimate expected contributions.

Yes. Parents can negotiate private agreements instead of relying solely on the Child Support Agency. These arrangements may provide more flexibility, but it is important to record the terms formally to avoid future disputes.

If you believe the other parent is under-reporting income or not meeting their obligations, you can request a reassessment. The Department of Human Services can review the information provided and investigate where necessary to protect the child’s entitlements.