Unless the Court makes Orders to the contrary, both parents are responsible for the care of their child until the child reaches adulthood. If the parents separate and if either parent remarries, it does not affect the responsibility each parent holds with respect to the child.
Parents are encouraged to reach an agreement between themselves as to the arrangements for the care of their child. Such agreements can be organised between the parties through Family Dispute Resolution Services or through the parties’ Solicitors. Your Solicitors will ensure that such an agreement is binding on both parties and will be filed with the Court.
If the parties reach an agreement with regards to the arrangements of the care of the child, either parent can make an Application to the Family Court or the Federal Magistrate’s Court for the Court to make Parenting Orders which must be adhered to.
The Court may make Orders concerning:
- Which parent the child will live with
- How much time the child will spend with the parent which the child does not live with;
- Parenting responsibility, care and decision making;
- A grandparent or other close family member may also make an Application to the Court with regards to the welfare of the child or seek Orders to spend time with the child or for the child to live with them if appropriate.
For further information or advice concerning divorce and family law, contact the experienced team at Rockliffs Lawyers today.