After the breakdown of a relationship involving children (whether a marriage, de facto or same sex relationship) it will be necessary to consider the appropriate arrangements for the ongoing care of the children.
- the ages and wishes of the children
- whether there are other siblings
- the possible effect to any change in living arrangements
- the role each parent will have in encouraging a continuing close relationship between the children and the other parent
- any family violence involving the children or a member of their family including any final contested Intervention Order that includes the children or a member of the children's family
- the ability of each parent to cater for the children's physical emotional and intellectual needs
- the maturity, background (including culture and traditions) sex and lifestyle of the children and of each parent
Family Dispute Resolution (FDR) or mediation is now required in all parenting matters before Court proceedings can be initiated. This means you must have at least tried or been invited to participate in mediation.
Following the breakdown of a marriage, an appropriate division of property is critically important to the financial future of both parties. Prompt legal advice is vital.
In these days of greater mobility, where international and interstate relationships are more common, issues often arise surrounding the relocation of children following the breakdown of a relationship.
Enforcement of Orders
Unfortunately, even where agreements have been reached or Family Court orders made, it can be necessary to take steps to enforce an agreement where one party does not comply with the terms of the agreement or the terms of an order.