Our Legal Services in Logan, QLD

Arrangements for your children

Children’s matters cover a range of issues including who a child will live and spend time with, who will have parental responsibility for the child, how a child will communicate with a parent when they are not in their care, and matters relating to health care or education.

It is beneficial if parents can come to an agreement between themselves about the ongoing care of their children. This can be informal, although it may be best to have these arrangements set out in a parenting plan or consent orders which are filed with the Court.

A parenting plan is a written agreement documenting the arrangements agreed between the parties. A parenting plan can be registered with the court but is not legally enforceable.

Parenting orders are legally enforceable. They can be made between the parties by consent and filed with the court. Alternatively, when parties cannot agree on parenting arrangements, the court will determine the parenting orders.

Children’s matters

Under family law legislation, all decisions about parenting arrangements must be made in the best interests of the child. The primary considerations in deciding what is in the best interests of a child are the benefit of the child having a meaningful relationship with their parents, and the need to protect a child from harm. Greater consideration is given to the need to protect children from harm.

Shared parental responsibility means that parents are required to consult each other regarding long term decisions for the child. There is a presumption that shared parental responsibility is best for the child, but this will not always be the case.

Shared parental responsibility does not necessarily mean that the children will spend equal time with each parent. The law ensures that the best interests of the children are served first, and a range of factors must be considered.

The stress of a relationship breakdown can make it difficult to work through the legal, practical and financial issues that lie ahead. We will listen to your circumstances and deliver clear advice in plain English.

If you need assistance, contact one of our lawyers at [email protected] or call (07) 3372 2232 for a no-obligation discussion and for expert legal advice.