Child Support & Custody Lawyers Hawkesbury

Separation often brings uncertainty about your children’s living arrangements. You may need to determine where they will live, how much time they will spend with each parent, and what role other significant people, like grandparents, will play in their lives.

The Family Law Act no longer uses the terms "custody" and "access." Instead, courts issue parenting orders. These orders set out where children will live, how much time they will spend with each parent, and any arrangements for other important relationships.

Parental responsibility refers to a parent's duty to make major decisions about their child’s care, welfare, and upbringing. The law assumes both parents share this responsibility unless specific circumstances make it inappropriate.

Shared parental responsibility means both parents must make joint decisions about major issues, including education, medical treatment, religious upbringing, and relocation.

This refers to routine decisions about a child’s daily life, such as meals, clothing, and activities. Each parent makes these decisions when the child is in their care.

The law assumes it is in a child’s best interests to have meaningful relationships with both parents. Shared care may involve equal time or substantial, regular time with each parent, depending on factors like work schedules, location, and the child’s needs.

If an agreement cannot be reached, Kells can assist with negotiation, mediation, or court proceedings to resolve the dispute.

If both parents agree on arrangements for their children, this can be formalised in a written agreement and filed with the court. Once approved, it becomes a legally binding court order. Formalising agreements helps prevent future disputes.

A parenting plan is a written, signed agreement outlining arrangements for children. While it reflects mutual decisions, it is not legally enforceable unless made into a court order.

The wishes of children regarding who they live with or spend time with are important, but they are not the sole determining factor, nor are they decisive or final. There is no specific age at which a child can independently decide which parent they want to live with or visit. The court may place greater weight on the preferences of older children or teenagers, while giving less consideration to the views of younger children.

When determining what is in the best interests of a child, the court considers a wide range of factors, not just the child's wishes. These factors include the child's emotional and physical needs, the ability of each parent to meet those needs, and the overall impact on the child's wellbeing.

The primary carer is the parent who has been mainly responsible for the child's daily care during the relationship. This includes tasks such as bathing, feeding, and supervision. The court will consider whether one parent has taken on this role or if both parents have shared, or will share, these responsibilities.

The Family Law Act prioritises the safety of children. Courts take allegations of physical, emotional, or sexual abuse seriously, and parents have a duty to protect their children from harm.

Before applying for parenting orders, parents must attempt mediation, also known as family dispute resolution. A registered mediator will issue a Section 60I certificate, even if one parent refuses to participate.

Mediation may not be required in cases involving family violence, child abuse, or urgent matters, such as a child being relocated without consent. Other exceptions may apply if a parent is unable to participate due to substance abuse or mental health concerns.

Parents can agree to modify court orders or apply for changes through the court. If an agreement cannot be reached, further mediation or legal proceedings may be needed.

Child support is financial assistance provided for a child’s care and wellbeing after parents separate. Payments can be made as regular instalments or as a lump sum.

Child support is generally payable when parents separate, and the child lives in Australia. Payments continue until the child turns 18 or finishes their final year of school, whichever is later.

Either parent may be required to pay child support, depending on their financial circumstances and the child’s living arrangements. This applies to biological, IVF, and adoptive parents.

The Child Support Agency calculates payments using a formula that considers both parents’ incomes (after deductions), other dependent children, and the time the child spends with each parent. An online estimator is available through the Department of Human Services.

Yes, parents can create private child support agreements instead of using the Child Support Agency. These arrangements offer flexibility if both parties agree.

If you believe the other parent is misrepresenting their income or that the child’s needs are not being met, you can request a review through the Child Support Agency. The Department of Human Services will assess the situation.