Divorce can be one of the most challenging situations to go through in life. It can become more complicated, especially when there are children who may be affected by the separation.
Parents who are thinking about divorce need to keep in mind that a child’s wellbeing should be their top priority. Times like this can be hard on children, so, making the process go as smoothly as possible could benefit everyone involved. To make sure that everyone’s rights are protected, parents should seek separate legal help even in the case of a peaceful divorce.
Peter Fisher family law lawyers are going to take you through some of the responsibilities you can expect in this process in order to prepare you for what is about to come.
What does the law say?
All legal matters involving children fall under the Family Law Act 1975. Of course, the law requires that parents must maintain meaningful relationships with their children and keep the latter safe from harm at all times. Since shared responsibilities greatly rely on the parents’ schedule and lifestyle, the Family Court requires parents to make their own solutions when it comes to shared care of the children.
Parents can also request mediation services in order to resolve any ongoing dispute. Ultimately, the court is required to make decisions and parenting orders that serve children’s best interests, in the event that parents can not.
Your Parental Responsibility?
Understanding your responsibilities as a parent will help you navigate the entire process more efficiently. The Family Law states that, in cases where children of divorcing parents are under 18, both parents will have equally shared parental responsibilities. Collaborative efforts from parents will contribute to their children’s welfare and upbringing. This will include making long term decisions regarding children’s education and health. The court holds the right to take away parental responsibility from one or both parents, in cases where that is in the best interest of the child.
What about finances?
After separation, both parents must continue to support a child financially. It applies regardless of who the child lives with. The parents have the opportunity to regulate this on their own or apply for the child support assessment.
Assessment and distribution of child support arrangements fall under the responsibility of the Child Support Agency. The number of children, living arrangements, and income of each parent are the deciding factors in determining the amount of support that must be provided for the child. If one of the parents feels like the assessment is not just and equitable, the Child Support Agency can conduct a reassessment hearing to reexamine the terms of the support. Contact a Brighton lawyer who will assist you obtaining the best outcome for your child.
Making sure that a child has a growing relationship with both parents is the goal. It is important to note that there are no rules when it comes to children spending equal time with both parents. As such, the parents are advised to make their own agreements and decisions based on the child’s personal needs. By seeking legal advice, divorcing parents can peacefully come to terms with these agreements and successfully avoid going to court.
What should be my next step?
Firstly, you should seek legal advice before making decisions regarding separation from your partner.
Seeking a private child support agreement is also an option and Peter Fisher Lawyers can help you with preparation. Our Adelaide family lawyers can provide you with any kind of assistance during the process. Contact us today to speak with our professionals.