Children

We understand that one of the biggest concerns facing separating parents is what will happen to their children. This includes who will make decisions, where the children will live, and how often you will see them.

The Family Court will consider the ‘best interests of the child’ above all other matters when it makes decisions. The Court does not give preferential treatment to either one of the parents. Although children have the right to a meaningful relationship with both parents, they must be protected from harm.

Children are usually better off if both parents are involved in making all of the important decisions. These decisions include which school they will attend, their religion, discipline, and medical treatment. This concept is called ‘parental responsibility’ in Australia and it means the same thing as the American term ‘custody’.

Your children may live with you or your former partner. They will usually live with one parent and spend time with the other. The Judge will consider all of the evidence presented by you and your former partner before making decisions about living arrangements.

At Lincoln Chambers, we will endeavour to keep your children’s matters out of court by encouraging you and your former partner to work together. We will do so with respect, sensitivity, and compassion. Our lawyers will also help you and your children connect with any counselling services you may require.