Agreeing to custody arrangements after a separation or divorce isn’t always easy, but sometimes it requires the help of lawyers and the court. The best outcomes are decided out of court, and Vanessa Ash strongly encourages and supports this. There are a few key areas to be negotiated either in or out of court, and having solid legal advice can make a real difference.

     Hierarchy of considerations

• First and foremost, the best interests of the child are considered
• Parents and children are not the only people involved – grandparents and other people may have a vested interest
• All families with children are required to go to mediation sessions for family dispute resolution to try to resolve issues before court
• The children’s views are taken into consideration, particularly as they grow older
• If a resolution can’t be found outside of court, court will be necessary, and a judge will decide

     What must be decided upon

• The children’s home(s)
• Schooling
• Extracurricular activities
• Attending events
• Work arrangements
• Grandparents and other relatives or friends
• Handovers
• Holiday arrangements
• Birthdays, other annual celebrations
• Special needs
• Medical needs
• Siblings
• Flexibility for growth and change
• Name changes

     The child’s best interests – how that is determined
Both children should have the benefit of both their parents meaningfully involved in their lives to the maximum extent. Children should be protected from physical and psychological harm and abuse.

Children should receive full parenting so they achieve their full potential. Parents should fulfil their duty to meet the needs of their children. Nobody disagrees with those statements, but each of them is very much subjective, depending on your perspective. That’s how we end up in court battles.

Children’s best interests are also determined by what the child thinks, their level of maturity, the willingness of each parent, practicalities (expense, distance), lifestyle and culture of the parents, and any other relevant factors. Anything is up for discussion. Children are not allowed to give evidence in court or watch court proceedings. A judge can interview a child, but it’s rare. Children’s wishes are passed on by a court expert.

Influencing children is not viewed with favour, and judges have been known to order parents not to talk badly to each other in front of the children.

     Experts
A child expert may be appointed by the court, and the result of this is a report that they prepare, given to the court.

     Parenting plans and Consent Orders
Parents can informally agree to a parenting plan (in writing), or put that parenting plan forward to a court to seal the deal legally. Read more about parenting plans and Consent Orders here

     Child support
Child support arrangements will be required, which can be private or conducted via the Child Support Agency. Read more about child support here

Write your own story. Call Vanessa Ash and Associates today.