Following separation, one of the most important and emotional issues facing parents is where their children will live and how much time their children will spend with them.

We encourage parents to attempt to agree upon arrangements for their children between themselves (whether directly or with the assistance of lawyers and/or mediators).  Where agreement cannot be reached, litigation may be required and the Court may need to make a decision.  

The paramount consideration for the Court is what is in the best interests of the children.  Under the Family Law Act, children have a right to enjoy a meaningful relationship with both parents, but they also have a right to be protected from risk of harm.  There are a number of additional considerations, including the ages and views of the children, the history of the children’s care and the capacity of each of the parents to care for the children in future.  The Court will hear evidence from relevant parties and will also call upon the assistance of qualified child experts to assist in its decision-making.

Every case is different. The Court will ultimately consider the evidence and balance the relevant considerations in order to determine where children will live.

Our Bayside family lawyers are experienced in dealing with simple and complex parenting matters, and can expertly and supportively guide clients through all parenting disputes.