Parenting

Parents, donors and carers wanting a protected and certain relationship with their children need a defined parenting plan, consent order or court orders, which are in the best interests of the children and are workable.

Kate Escobar

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

“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.”

Children need security when parents break-up. Parents need a stable environment for the children, know where they live and with whom especially in split or shared households. Also critical are decisions on schooling, medication, sports and travel.

We explain and guide you through the Court process and give you likely outcomes for what is in your child’s best interest.

What is considered a ‘family’ is changing, not only for GLBT parents, but also with changes in adoption, surrogacy and assisted reproduction IVF. We will help you through this delicate maze and also work out who is a ‘parent’.

Parenting arrangements are intended to benefit the children, giving them a meaningful relationship with each parent, whilst guarding the children’s security and protection form harm and abuse.

You will educated about your realistic options and be given an effectively strategy to move forward.

If needed, we will act quickly and with strength to protect you and your children.

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