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Our legal practice and your family and business on the mid north coast - Woolgoolga, Coffs Harbour, Bellingen and Nambucca Heads - Team Legal Mobile - we come to you - or you come to us at Park Beach Homebase 252 Pacific Highway Coffs Harbour or at 24 Thornbill Glen Nambucca Heads.
There is no extra charge for our mobile legal service
and the first interview is free!
Primary dispute resolution
When you are separating it is important to obtain independent legal advice about your rights. Team Legal will tell you about the primary dispute resolution methods available to you before going to Court. They include counselling, conciliation, negotiation, mediation and child-inclusive processes. If there is a high level of emotional conflict or hostility, a power imbalance or domestic violence, some of these methods may be inappropriate.
Often it is useful to reach a short term or interim agreement on matters such as occupation of the home, where the children will live, contact and child support. Separation counselling can help at this time. Once matters settle down and both parties accept that the separation will be permanent, it may be much easier to resolve the outstanding issues.
What are my responsibilities as a separated or divorced parent?
All parents, whether married or not, have the responsibility to ensure that their children receive adequate and proper parenting. All parents have the responsibility to promote the best interests of their children in providing for their chare, welfare and development. Under the Family Law Act parental responsibility for children does not end with separation or divorce, but continues until each child reaches at least the age of 18.
Except when it is contrary to a child's best interests, children have the right to know and be cared for by both their parents, and a right of contact on a regular basis with their parents and other people significant to their care, welfare and development.
Parents should try to agree about matters concerning their children because they share all the duties, powers, responsibilities and authority in relation to their children. When an agreement is reached it can be made legally binding by 'consent orders'.
Can I get custody or have access?
The old terms 'guardianship', 'custody' and 'access' have gone. Parents no longer have guardianship and custody - they now have parental responsibility for their children. Arrangements for children are now covered by the terms 'residence', 'contact' and 'specific issues'.
What are 'residence', 'contact' and 'specific issues' orders?
Residence:
A residence order defines the parent or carer with whom a child lives or the different times that a child lives with each parent or carer.
Contact:
'Contact' is the term replacing 'access'. There are no automatic rules in the law about when or how frequently contact should occur. Every case is different, and you can ask Team Legal for guidance.
A court will deny contact to a parent only in exceptional circumstances and on solid grounds. Grandparents and other people involved with the child can apply to a court and ask the court to make contact orders in their favour.
Specific Issues:
A parenting order which deals with issues other than residence, contact or child maintenance is called a specific issues order.
A specific issues order may, for example, confer on a parent or other person (whether solely or jointly with another person) responsibility for the long-term care, welfare and development of the child (similar to the old 'guardianship' order). Examples of other specific issues include matters relating to religion, schooling, health, safety and communication between parents.
What if we can't reach an agreement?
Parents must exercise their responsibilities in the best interests of the child but if they cannot do so or cannot come to an agreement a Court will make parenting order on application.
In making an order the court takes into account such things as the maturity, sex and background of the child, the wishes of the child, the relationship between the child, parents and siblings, contact difficulties, the capacity and attitude of parents towards their responsibilities, and the need to protect the child, particularly from family violence.
The Court sometimes requires the preparation of a 'family report' by a court counsellor or a court-appointed expert to help decided these cases.
In certain circumstances the Court may appoint a lawyer to be a child's representative in the proceedings.
Does the Court take parents' conduct into account?
The parents' conduct becomes an issue only if it affects the welfare of the children or the parents' ability to look after them. The Court must make order to try to protect children from family violence or witnessing family violence, which includes verbal threats causing a person to be afraid or apprehensive about their personal well-being or safety.
The Court will not refuse a parent residence or contact simply because the parent has a non-mainstream lifestyle. The Court will take this factor into account only to the extent that it impacts on the best interests of the children.
If a parent has married again or is living in a de facto relationship, the Court will take that fact into consideration - again, to the extent that it is relevant to the children's welfare. The task of the Court is to decide what order will promote the best interests of the children.
Apprehended Domestic Violence Orders
If violence, threats or verbal abuse occur in your relationship, it may be necessary to obtain an Apprehended Domestic Violence Order from a Local Court. In serious or urgent cases, a police officer may seek the order on your behalf. If you are afraid of your partner or a family member, tell Team Legal who will advise you how to obtain an order to protect yourself and your family.
How will Team Legal help me?
Team Legal can:
- Advise you of your legal rights;
- Advise you if you may be entitled to Legal Aid;
- Tell you which method of primary dispute resolution may be best for your case;
- Assist you to negotiate parenting orders or refer you to a counsellor or mediator;
- Check any agreement you make with your spouse on shared parental responsibility for children;
- If you must apply to the Court, prepare documents in support of your application to establish that it is in the best interests of the children for the Court to make the orders you seek;
- Interview your witnesses and prepare affidavits of their evidence;
- Present your case or engage a barrister to represent you in Court if it must go to a hearing;
- Help you to enforce or consider a variation of your parenting orders.
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