Childrens’ or parenting matters revolve around the commonly phrased “paramount consideration principle”. Basically this principle outlines that in seeking parenting orders or a form of parenting agreement, the parties (usually the separated parents) should contemplate arrangements for the children that are in the "child's best interests".
This involves putting the care, welfare and development of the children at the forefront of all discussion concerning issues such as where the children will live and who they will spend time with.
The law views the relationship of the children with both of their parents as one of the most important factors in this regard. The Court is therefore reluctant to order for sole custody to one parent. There are a host of other considerations, which are set out in section 60CC of the Family Law Act. These include:
- Any views expressed by the children;
- The children’s relationship with their grandparents;
- Capacity of parents to provide for intellectual and emotional needs of children;
- The ability for a parent to provide a stable environment;
- Medical issues;
- The parents attitude towards facilitating the involvement of the other parent with then children;
- Any family violence and family violence orders in place.
In several cases we have actually advised our clients, where their children are residing with them (the resident parent), to actually promote a healthy and meaningful relationship with the other parent (the non-resident parent).
This type of attitude not only benefits the children and the other parent, but also gets very favourable consideration by a judge or federal magistrate when examining the parental responsibility of the resident parent. It really is a win-win, in most cases.
Please contact us on (02) 9521 2222 if you require advice on a family law children's matter. You can also send your enquiry online now and we will contact you shortly.