FAMILY LAW -
Family breakdowns can often be overwhelming and emotional. Here at Brendan Rothschild Legal Group we are experienced in assisting people in the area of family law.
Parenting matters are divided into the areas of ‘parental responsibility’ ie who makes which major decisions for the child(ren). This includes but is not limited to the areas of medical, education and religious based decisions. In the event of tragic medical circumstances such as a decision needing to be made in relation to the child being taken off life support, it is important that it be clear who makes this decision. This may be either a joint decision of the two parents, single decision by one of the parents and/or a decision by one of the parents who has ultimate say, but is required at first to consult the other parent.
Another area of parenting is ‘spend time’ arrangements between the children and each parent. There are infinite amounts of parenting arrangements. Common arrangements are that the children live with one parent and spend ‘significant time’ with the other parent. This could be any amount of time. Commonly parents having a parenting plan on a two-week cycle. Some plans are that the children live with one parent and spend time with the other parent every second weekend, and perhaps one night during the week. Another possible plan is that the children spend time with each parent on a 7-7 arrangement ie one week with one parent and one week with the other parent.
There are many different options and determining which suits best, depends on both parents and the children’s circumstances. Based on these circumstances we provide advice on what is appropriate and how to best achieve your aim.
We help people develop post-separation plans for any children of the relationship. This particularly includes helping clients make decisions about how parental responsibility should be allocated and with whom the children will live with and spend time with. Ultimately, we have the skills and knowledge necessary to ensure that any decisions made are in your child’s best interests.
Under the Family Law Act 1975, there is a presumption that both parents will have equal, shared parental responsibility of any children under the age of 18 years. This does not mean that the child must spend equal time with each parent but rather refers to the parent’s obligation to care and make decisions for the welfare and development of the child. These decisions include; the child’s schooling, cultural upbringing, health and extracurricular activities.
We work closely with our clients to formulate parenting plans that are tailored to the individual client’s needs. In the event that matters are not resolved through mediation between the parties, we assist and support our client every step of the way whilst the matter is litigated through the Court process.
We provide tailored advice throughout the court process to ensure that our client is satisfied with the outcome and the parenting orders that are developed. Parenting order documents are legally binding arrangements for the responsibilities of looking after the child, such as where the child or children will live and the amount of time the child remains with each parent.
If someone breaches a Parenting Order or Parenting Agreement, we can assist in providing you with advice as to what is appropriate. It may be that the breach is a reasonable breach, which is allowed by Section 70 NAE of the Family Law Act. It may also be that the breach is not reasonable, and that repercussions (perhaps ‘make up time’) are appropriate.
Here at Brendan Rothschild Legal Group we will provide unmatched legal representation and advice throughout the entire process and help each client resolve their matter in the most effective and cost-efficient manner possible.