Parenting

Parenting Orders/Agreements

The Family Law Act recognises the right of a child to have a relationship with both parents, if that is at all possible, and the child's best interests is the Court's paramount consideration when making decisions about parenting arrangements. 

Often parents can agree between themselves about what is best for their children.  They can either formalise those arrangements, or leave them informal and this is a decision entirely for the parents.  ATW Family Law can assist you in preparing a Parenting Plan or Court Orders to formalise such parenting arrangements.

If, however, there is a dispute about future parenting arrangements, ATW Family Law can advise of the numerous ways in which such disputes can be resolved. 

Ideally, parents should be able to make decisions themselves as to their child's future, with assistance from lawyers, mediators, mental health professionals and child inclusive practitioners and ATW Family Law can advise on all of the options that are available to parents to resolve such disputes.

Sometimes, however, parenting issues have to be determined by the Courts and ATW Family Law can guide you through that litigation.

Child Support

Parents have a legal obligation to financially support their children following separation until they are 18, or finish their secondary education.

Often parents will make their own arrangements for child support and either leave that agreement on an informal basis or enter into a Child Support Agreement which can be registered with the Department of Human Services – Child Support.  Child Support Agreements often encompass a cash amount of child support and provisions for payment of expenses such as school fees, extra curricular activities, health insurance and gap payments between Medicare and health insurance payments.  Child Support Agreements can be either Limited Child Support Agreements which are capable of being changed at a later date or Binding Child Support Agreements which are binding until each of the children turn 18, or another terminating date as determined by the Agreement.

If parents cannot reach agreement in relation to child support issues, then the amount of child support and the parent liable to pay that child support is determined by the Department of Human Services -Child Support who can then collect child support from the paying parent if requested to do so.   In limited circumstances, a Court can make Orders regarding child support.

ATW Family Law regularly deal with child support issues and can give you advice tailored to your particular circumstances.