Immediately following a separation decisions need to be made in respect of the ongoing care of any children of the relationship under 18 years of age. In making those decisions it is critical that both you and your ex partner act in the best interests of your children and not your self interest.
This is a particularly emotionally distressing time for children and there is a need to maintain, where possible, as much normality as possible. Practical decisions need to be made such as where will the children live, where will they attend school, how much time will they spend with each parent, what arrangements will there be for birthdays, holidays and other special events, even down to how will decisions be made regarding the child now their parents are separated.
If you can reach agreement with your former partner about the parenting arrangements following your separation then this can be documented in a non-legally binding parenting plan. So long as you can both commit to following the plan there may be no need to take any further action.
Where you have reached agreement with your former partner but you would like to formalise that agreement with legally enforceable court orders you can do so by applying for parenting orders without the need to go to court. King Cain can help you do this.
In the event you cannot reach agreement with your former partner you will need to enter the dispute resolution process. This may be able to be resolved through mediation without the need to commence court proceedings. Our focus is to help you resolve your parenting arrangements as early in the process as possible.
To determine which pathway is right for you contact us to book a time to discuss your unique circumstances with one of our expert family lawyers.