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   (02) 9519-5030

   info@celaw.com.au

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Kate Escobar

We can guide you through what is in the best interests of the children.

On a relationship break-up, children need security and parents need to decide who the children live with and who can make decisions for the children such as schooling, medical treatment, travel etc.

We take you through the statutory guidelines used by the Court in determining what is in the child’s best interest.

The family model is changing, not only for the GLBT parent, but also due to changes in the law regarding adoption, surrogacy and assisted reproduction. We guide you through this delicate maze of legal and social issues.

When making parenting orders the Court looks at, amongst other considerations, the benefit to the child of having a meaningful relationship with both the child’s parents, the need to protect the child, the relationship between the child and the parents and other people.

We advise you as to your realistic strategic options to effectively keep or put in place parenting plans and orders for your children.

If needed, we will take strong action to protect your position and advise you of your chances of success.

“Family law conflicts are very difficult to negotiate both personally and to the non-lawyer confronted by the confusing legal system. Having previously had a very bad experience, we felt supported and properly advised in our journey through the family law system and continue to be most grateful to Kate and to Nic for providing us with state of the art professional and personal advice.”
  • “Family law conflicts are very difficult to negotiate both personally and to the non-lawyer confronted by the confusing legal system. Having previously had a very bad experience, we felt supported and properly advised in our journey through the family law system and continue to be most grateful to Kate and to Nic for providing us with state of the art professional and personal advice.”

    LB

    Clovelly, NSW

Common Parenting Questions

  • What sort of arrangements can be made for children after separation?
    The parents of a child may enter into a parenting plan, which can set out such things as who a child is to live with, the time the child is to spend with other people, what school to attend.
  • Who can apply to the Court for orders about children?
    A child’s parents, grandparents or other relatives, the child or anyone with an interest in the child’s care, welfare and development can apply to the Court for orders about the child. Where there is an agreement about what orders should be made about the child this can be done by Consent Orders.
  • What does the court consider when making orders in relation to children?
    When making parenting orders the Court considers, the benefit to the child of having a meaningful relationship with both the child’s parents, the need to protect the child, the relationship between the child and the parents and other people. We advise you on the current guidelines used by the Family Court in deciding what is in the child’s best interest.
  • What kind of orders can be made?
    The following sorts of parenting orders (this is not an exhaustive list) can be made: – Who the child lives with and spends time with, – Who can make decisions which affect the child, such as: what school the child attends.
  • What does equal shared responsibility mean?
    Equal shared parental responsibility means that each person who has parental responsibility must consult the other in relation to decisions which effect the long term interests of the child and make genuine efforts to come to an agreement.
  • What are the implications of having shared responsibility?
    If parental responsibility is shared, the court must consider whether it is practicable and in the child’s best interest to spend equal time with each of the parties who share parental responsibility. If not practical, then the court must consider the child spending significant and substantial time with each of the parents, including weekends and weekdays.
  • Will the court take into account homosexuality in making parenting orders?
    A parent’s sexual preference may be an issue which the Court considers depending on the issues raised in the case by the parties themselves. The court must make orders which are in the best interest of the child. There have been many decisions of the Family Court where parenting orders have been made in favour of gay fathers and lesbian mothers and co-mothers.
  • Will the court make parenting orders in favour of step parents?
    Yes, particularly if the step parent has been involved in the care, welfare and development of the child