We frequently help clients and their families achieve successful outcomes in a variety of matters including:
Parenting disputes ('custody' and 'access')
Same sex parenting (and financial) disputes
Paternity disputes
Assisting with parenting plans
Obtaining consent orders
Dealing with the breach of an existing parenting order
Child Support payments
Parentage disputes
Grand parents & other family members applications relating to children
Relocation and travel
At Freeman Family Law we provide fathers, mothers, grandparents, and step-parents across Melbourne with comprehensive and practical advice to achieve the best outcome for their family.
Under Australian law children have the right to maintain a meaningful relationship with both of their parents while being protected from harm. The Family Law Act 1975 requires that any arrangements that are made for a child during or following a separation are to be in their best interests.
Following a separation both parents maintain equal shared parental responsibility for any child of the relationship under the age of 18. This means that the child’s parents will share responsibility for major decisions including schooling, religion, and significant health decisions. Equal responsibility is not the same as equal time and there is no rule or presumption that children spend equal time with each parent.
The term ‘child custody’ is no longer in use in Australian law. Instead parents will make arrangements for ‘time’ for that child to spend with each of their parents.
Although parents share an equal responsibility for children, there is no rule that the child must spend equal time with each parent. There are no fixed rules as to who a child should live with or how much time they should spend with each of their parents. In many circumstances arrangements for children are made and agreed upon by the parents either independently, in mediation, or with the guidance of family lawyers. If the parents cannot agree, the Court can decide what arrangements that are in the child’s best interests and can make Orders accordingly.
Just as each family is different, each outcome relating to children is highly dependant on the individual circumstances of that family.
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