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Pakenham Family Law Lawyers Make Children a Priority

Pakenham Family Law Lawyers Make Children a Priority
 

After the Breakup – Initial Steps You Must Take

Parenting matters are the most stressful points of conflict when a relationship breaks down.  It is essential to get legal advice and representation, in order to ensure that your rights are protected and to ensure an outcome that is in the best possible interest of your child.

A family law lawyer in Pakenham (or surrounding communities such as Officer, Nar Nar Goon, Beaconsfield, Berwick, Koo Wee Rup North, Longwarry, Gembrook, Emerald, Cockatoo, and Narre Warren) will want to meet with you for an extensive assessment of your situation.  You need to prepare for that meeting – which can be in person or by video conference, and tailored to your schedule.  Your Pakenham family lawyer needs to know the timeline of your relationship, and the assets involved.  Most importantly, they need to get a clear understanding of the children for whom you and your partner have responsibility.  Are there physical or mental health issues, special needs, or education requirements involved in their care?

 

Parenting Matters – Some Areas of Concern

In all matters concerning children, their best interests are the primary concern of the Court. An experienced family law lawyers can be a critically important tool to help protect your children from harm, making arrangements to share the care of children, and dealing with child protection authorities.  A list of parenting matters your Pakenham family lawyers can assist you with includes:

  • Court proceedings involving parenting matters
  • Child custody issues
  • Drawing up Shared Care Parenting plans
  • Negotiating parenting arrangements with the other parent or parent’s legal representative
  • Grandparent rights
  • Assistance where a parent has alcohol or drug abuse issues
  • Child support agreements
  • Adoption
  • Surrogacy

Is it Necessary to Go to Court?

As mentioned, the goal is always to achieve an equitable outcome in which the children’s best interests are paramount.  Sometimes going to Court is the only way to resolve a dispute.  But, for a number of reasons – including cost and the fact it can ramp up family tensions – Court should be avoided, if possible.

 

It is not uncommon that parties cannot agree, at least initially.  In that case, the first step is to make a genuine attempt to resolve the issues between you through family dispute resolution (Mediation) or other Alternative Dispute Resolution processes.  If that still does not result in an agreement, an application can be made to a Court to decide who gets custody of the children, and to what extent.

 

As mentioned, the Court will consider the best interests of the children when making its decision, taking into account a number of factors.  The Court will want to encourage the children to have meaningful relationships with both parents if that is deemed to be in their best interests.  There will also be every effort made to protect the children from physical and psychological harm, as well as neglect and violence.  A Parenting Order will ensue, and be binding and enforceable on both parties.

 

The end of a relationship means the start of a legal process with regard to children of that partnership. An experienced family law lawyer in Pakenham is essential to achieving an equitable outcome that will, as the law intends, work to the best interests of the children involved.

Family Law Puts Children First

There are some special circumstances involved with child custody cases during separation. The Family Law Act (1975) puts the children first in all facets and encourages spouses to come to an agreement for shared custody. The best outcome with a family separation is to ensure the children caught in the middle have loving and meaningful relationships with both parents. When parents share responsibility for their children’s care it has a lasting positive impact on their development. Every family is different and as such, will have different needs that must be met for a child’s best interests. If the child is of a mature age, his or her opinion of their own welfare will also need consideration. When parents can show with action they have their child’s best in mind, they will be able to adapt to a new living situation easier than if there is arguing, stress and emotional turbulence.

Family lawyers can help provide support and resources to families experiencing separation and are facing custody arrangements. Their experience in dealing with separations and the fall-out that can occur can provide comfort to spouses who want the best for their kids, and themselves, but ending the relationship. They will encourage open communication between the parents and not to let personal feelings about one another cloud their ability to co-parent. Accessible legal teams can schedule video chat conferencing and make themselves available to provide this important counsel and support for their clients.


 

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