Children and custody (child custody, visitation and contact rights)

No, parents can agree on any living arrangement they want for their child. If parents cannot agree on arrangements for their children, they can ask the Family Court for a decision. The court will consider the best interests of the child. The court may decide that the child spends the same amount of time with each parent, but it doesn't have to.

The term "guardianship" is no longer used by family courts. When people talk about "custodial rights," they're usually referring to who the child will live with and who will make decisions about the child.

If the parents cannot agree on these issues, they can ask the court for a decision. When making a decision, the court must first consider the best interests of the child. The court will consider a range of factors when deciding what is in the best interests of the child.

The court will make an order about the child's "residence" and "time spent together" and who will have the child's "parental responsibility". Parental responsibility involves decision-making authority over your children.

Often, courts order the parents to have equal parental responsibility for the child, even if the child lives primarily with one parent. If parents have equal co-parental responsibilities, this means that decisions on long-term issues such as education, health and religion must be made jointly by both parents. However, in some cases it is possible that only one parent will be given responsibility for these decisions.

Under family law, a child has the right to know and be cared for by both parents, as long as this does not interfere with the best interests of the child.

If a child doesn't want to spend time with the other parent, it's important to find out why. The child's point of view is one of the many matters that the court must consider when deciding on a custody order. However, this consideration will be based on the age and maturity of the child and whether there are others influencing the child's perspective.

The court may decide that the child should not see the other parent, or limit the child's contact with the other parent if this would put the child at risk of violence or abuse.

Our experienced family lawyers can advise you on what is reasonable and appropriate in your circumstances and what your options are.

The Family Act focuses on the rights of the child, not the rights of the parents. The purpose of the Act is to:

1. Enable children to develop meaningful relationships with both of their parents, as long as this does not interfere with the child's best interests.
2. Protect children from physical and psychological harm, neglect and violence.
3. Ensure that children receive appropriate and adequate upbringing.
4. Ensure parents fulfill their duties and responsibilities.

As a parent, unless abuse or violence is an issue, you can reasonably expect to:

1. Stay involved in your child's life.
2. See your child regularly, including on weekdays, weekends and school holidays.
3. Be involved in ongoing decisions about your child.

After separation, most grandparents will visit the child with the consent of the child's parents. If this is not possible, grandparents can apply to the Family Court for an order requiring the grandchildren to spend time with them. The Family Court recognizes that grandparents and other family members are important to the upbringing, welfare and development of a child.

If you are having difficulty seeing your grandchildren, please contact our family lawyers for advice. In most cases, our family lawyers will be able to help you negotiate an arrangement that works for everyone.