De Facto Custody
The individual is currently navigating a de facto separation in New South Wales and has mentioned the involvement of two children who are presently living with one parent. There is no existing parenting plan, and the individual has identified the need to address a visitation schedule, extracurricular activities, and education in a new parenting plan. There is no intention to relocate with the children, and communication with the other parent is planned primarily through phone calls. Mediation has not yet been attempted, and there is no existing court order regarding custody or parenting arrangements.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat factors will the court consider when determining the best interests of the children in a de facto separation?
In determining the best interests of children in a de facto separation, the court considers various factors under the Family Law Act 1975. Key factors include the children's right to have meaningful relationships with both parents, the need to protect them from harm, and each parent's ability to provide for their emotional and intellectual needs. The court also examines the children's views, considering their age and maturity, the effect of any change in circumstances, and the practical difficulty and expense of spending time and communicating with both parents.
How can we establish a parenting plan that works for both parties and prioritises the children's needs?
To establish a parenting plan prioritising the children's needs, focus on creating a balanced visitation schedule that considers both parents' availability and the children's routines. A clear, consistent schedule can help manage time spent with the children effectively. Address key areas such as visitation, extracurricular activities, and education by considering both parents' input to ensure the children's best interests. Engage in discussions that focus on the children's needs, maintaining flexibility for adjustments as circumstances evolve.
What are the legal implications of relocating with my children after separation?
Relocating with children post-separation in Australia requires considering the 'best interests of the child' as the paramount concern. This involves a complex legal process, especially without the consent of the other parent. You would need to demonstrate that the move benefits the children's welfare, potentially affecting their education, relationships, and stability.
How can we ensure effective communication and cooperation as co-parents after the separation?
To ensure effective communication and cooperation as co-parents, consider the following strategies: 1. Establish Clear Boundaries: Define roles and responsibilities for each parent to prevent misunderstandings. 2. Consistent Communication: Use regular phone calls or a communication app to discuss children's schedules and needs. 3. Use a Shared Calendar: Track important dates, such as school events and extracurricular activities. 4. Focus on the Children: Prioritise children's best interests in all decisions, avoiding personal conflicts. 5. Flexible Visitation: Agree on flexible visitation arrangements that accommodate schedules. 6. Professional Support: Engage a family therapist or mediator to facilitate discussions if needed.
What steps should I take if we cannot agree on custody or parenting arrangements through mediation?
If mediation fails, you may need to apply to the Family Court for a parenting order. This legal step involves filing an Initiating Application, along with an affidavit and a notice of risk. The court will then consider the children's best interests, focusing on stability and maintaining meaningful relationships with both parents.
