CHILD SUPPORT & CUSTODY LAWYERS SYDNEY

Separation often raises important questions about your children’s living arrangements. These include where they will live day-to-day and how they will spend time with parents or other significant individuals like grandparents.

Under the Family Law Act, the terms "custody" and "access" are no longer used. Instead, the court issues parenting orders. These orders outline who the children will live with, how much time they’ll spend with each parent, and any arrangements for other significant relationships.

Parental responsibility refers to the duty of biological parents to make decisions about their children’s long-term care, welfare, and development. The Family Law Act assumes joint parental responsibility unless it is deemed inappropriate due to specific circumstances.

Shared parental responsibility involves both parents making major decisions for their children. These include matters like education, religious upbringing, major health issues, and decisions about relocation or overseas travel.

Day-to-day responsibility refers to short-term decisions about a child’s daily life, such as meals, clothing, and activities. Each parent has this responsibility during the time the child is in their care.

The Family Law Act presumes it’s in a child’s best interests to have regular contact with both parents. Shared care may involve equal time or significant, regular time with each parent. Factors like work schedules, distance, and the child’s needs will influence the arrangements.

If you cannot reach an agreement, Kells can help you negotiate, arrange mediation, or pursue court proceedings to resolve the dispute.

If you and the other parent are able to reach your own decisions about issues relating to your children, your agreement can be put in writing and filed with the court. These arrangements will be made into court orders that are binding on both parties. We recommend you formalise your agreement in this way to avoid as much as possible any difficulties in the future.

A parenting plan is a written agreement about children’s arrangements, signed by both parents. However, it is not legally enforceable unless made into a court order.

The wishes of children regarding who they live with or spend time with are important, but they are not the sole determining factor, nor are they decisive or final. There is no specific age at which a child can independently decide which parent they want to live with or visit. The court may place greater weight on the preferences of older children or teenagers, while giving less consideration to the views of younger children.

When determining what is in the best interests of a child, the court considers a wide range of factors, not just the child's wishes. These factors include the child's emotional and physical needs, the ability of each parent to meet those needs, and the overall impact on the child's wellbeing.

The parent who has been primarily responsible during the relationship with the day to day care of the children is seen as the primary carer. This includes factors such as who has been the parent doing tasks associated with the care of children including bathing, feeding, supervising or whether this role has been shared or will be shared by both parents in the future.

The Family Law Act prioritises protecting children from harm, including physical, emotional, or sexual abuse. Parents have a duty to ensure their children’s safety.

Before applying to the court for parenting orders, parents must attend mediation, also called family dispute resolution. A registered mediator will provide a Section 60I certificate, even if one party refuses to participate.

Mediation may not be required in cases involving family violence, abuse, or urgent applications, such as when a child is relocated without consent. Other exceptions may apply if a parent cannot participate due to substance abuse or mental health issues.

Parents can mutually agree to amend orders or apply to the court for changes. If no agreement is reached, further mediation or court proceedings may be necessary.

Child support refers to financial contributions made for the care and wellbeing of a child or children after the breakdown of a marriage or de facto relationship. These payments can be made as regular instalments or as a lump sum.

Child support is typically payable when parents separate, and the child resides in Australia. Payments continue until the child turns 18 or finishes their final year of school, whichever occurs later.

Either parent may be required to pay child support, depending on their financial situation and the child’s living arrangements. This responsibility applies to biological, IVF, and adoptive parents.

The Child Support Agency uses a detailed formula to calculate payments. This formula considers both parents’ incomes (after certain deductions), other dependent children, and the amount of time the child spends with each parent. You can access an online child support estimator on the Department of Human Services website.

Yes, parents can bypass the Child Support Agency and create private agreements. These arrangements allow for flexibility, provided both parties agree.

If you suspect the other parent is not truthful about their income or believe the child’s needs are not being adequately considered, you can request a review or reassessment through the Child Support Agency. The Department of Human Services will then evaluate your case.