Capon & Hubert Lawyers & Mediators

Children's Matters

Parenting and Child Arrangements

After separation or divorce most parents want to work out plans for how their child or children will live. For some this works quite well but for others we are able to assist by providing you with expert and up to date advice about parenting arrangements.

In parenting arrangements the best interests of the child is considered before those of the parents. This will guide us in our advice to you. Children are vulnerable to the effects of their parents separation and we understand this.

The majority of children’s matters are dealt with under the Family Law Act 1975. This act will apply whether the child is born to a married couple or a defacto couple. This Act will also come into affect if the party bringing the Application is a grandparent, relation or a non-relative who has a relationship with the child ie: a foster-carer.

An agreement can be formalised by Court Consent Orders. We understand that going to Court can be difficult and the process can be frustrating and bewildering. We are able to assist most of our clients to reach an agreement for parenting arrangements for their child or children in a professional, efficient and appropriate manner.

Parenting Orders can deal with a variety of matters including:

  • Who do the child/children live with?
  • What amount of time will each party spend with the child/children?
  • What communication should each party have with the child/children?
  • Who has what responsibility for making decision concerning the child/children?
  • More specific issues ie: what school should the child/children attend?