Parenting Arrangements & Child Custody Sydney
The welfare of your children is of utmost importance, especially if you are parenting after separation. This is often a time when children need additional support. They are working through changes and trying to understand new family structures, expectations and ways of doing things (as are the adults).
Our family lawyers are here to guide you through the process and represent you during this sensitive and difficult time. Based on years of specialist Family Law practice, we strive to overcome parenting disputes to secure successful parenting arrangements and child custody outcomes for you and your children.
Decision-Making
In Australia, the term “decision-making” is now used instead of “custody” to describe how decisions about major long-term issues affecting children are managed. These include decisions about a child’s education, healthcare, religion, and name.
Ordinarily, both parents retain decision-making powers after separation, regardless of their marital status or relationship history. Parents are encouraged to consult one another about major long-term issues before making decisions, provided it is safe and practical to do so.
The Court may allocate decision-making responsibility in one of two ways:
Sole decision-making, where one parent has the authority to make decisions about major long-term issues independently without consulting the other parent.
Joint decision-making, which requires both parents to consult one another and make genuine efforts to reach an agreement before finalising decisions.
When making Orders, the Court considers the child’s best interests and may decide which arrangement is most appropriate for the family’s circumstances.
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Our parenting arrangements & child custody services. We provide five key service areas in this specialist area.
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Such disputes typically arise between parents when divorcing or dissolving their relationship. However, a third party (such as a grandparent) may also be involved. Your experienced child custody lawyer will skillfully negotiate for your desired outcome.
All efforts should be made to avoid going to Court, as this risks becoming a lengthy, costly and emotional battle. However, if this is unavoidable, then your custody lawyer will be committed to representing you and your child’s best interests.
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Relocating with a child after separation is not always straightforward. Given there are no black-and-white rules, assumptions cannot be automatically made. Indeed, doing so may inflame parenting disagreements and could be viewed as child abduction.
We can help you navigate Family Law child abduction regulations so you do not inadvertently commit a crime. Equally, our child abduction lawyers can rapidly respond on your behalf should you believe your children have been unlawfully taken.
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This is a written joint agreement detailing all child arrangements. It will typically be a shared parenting plan that outlines practical issues such as child custody, living arrangements, school holidays, education, health and finance. Its purpose is to amicably secure an agreement and avoid parental conflicts.
Importantly, this is not a legally-binding document. However, if disputes were to escalate, a plan can be used in the Courts as evidence of an original agreement. As such, legal advice from parental rights solicitors is strongly recommended before entering into any agreement.
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A consent order is a decree by a judge making a parenting agreement legally binding. It is, in effect, a settlement agreement. Our family lawyers play a crucial role in helping you to reach an agreement. Following this, they assist in managing the application for consent orders and ensuring the drafting best protects you and your children.
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When there is no agreement in place, we help you understand how the Court will determine what is in your child’s best interests and the options available to you. As always, we make a genuine effort to avoid matters escalating and to reach a resolution of any dispute as amicably as possible.
Why Espino Law for Parenting Matters?
We encourage you and your former partner to consider an informal but written parenting plan. We want to do everything we can to maintain civility and reach a positive outcome for all, especially for the interests of your child/ren.
Our negotiation skills are impeccable, and we will competently and confidently represent your parenting decisions and desires.
Espino Law Founder, Kateryna, has a Master's Degree in Family Law. She can provide an incredible depth of knowledge and years of practical and theoretical experience dealing with family dispute resolution and all matters in the family law space.
This can be a painful time for you and your children. We conduct ourselves with great respect and mindfulness of your parental situation and what you are all going through.
Navigating child custody can be a very vulnerable time for all involved. We provide you with the best legal advice but do so with heart and sensitivity. We cannot offer advice on parenting, but we can certainly refer you to people who can.
Let’s meet for a no-obligation discussion to see if we’re the right lawyers for you. We’re confident you and your children could not be in better hands.
