Children & Parenting Matters

Parenting Orders & Child Arrangements

When a relationship ends, negotiating matters relating to children is often the most challenging. Every family situation is unique. Our experienced family lawyers can help you reach an agreement with your partner about what is in the best interests of your child. The arrangements for your child may take the form of a parenting plan made outside court, consent orders filed with the court or court orders, made by a judge. With our expertise and experience you will receive clear legal advice and representation to achieve the best outcome for you and your children.

Options include attending mediation to create a parenting plan for the arrangements of your child. Our lawyers can lead you in reaching an amicable, workable agreement regarding your child without the need to go to court. The plan may include details regarding where the child will live, who they will spend time with and communicate with. We will lead you through this process, negotiating with your former partner and assist you at the mediation, ensuring your interests, and the interests of your child, are reflected in the Parenting Plan.

As a Parenting Plan is not a legally binding document, you may decide to formalise the arrangements for your child through Consent Orders. Consent Orders are a legally binding document, filed with the Federal Circuit and Family Court of Australia. You do not need to attend Court to obtain Consent Orders. At Nicholas James Lawyers we can prepare the Consent Orders, on your behalf, and file them with the Court. Legal consequences will result for non-compliance of these orders.

If arrangements for your child cannot be agreed to, or there are concerns regarding family violence, making mediation unsuitable, our lawyers can begin legal proceedings and will represent you at Court. In the event that you have been served with an Application for Court orders regarding your child, we will provide you with legal advice, prepare your responding court documents and represent you at court.

When making orders for your child, the Court’s primary consideration is what is in the best interest of your child. To determine this, the Court looks at two major considerations, the first is to ensure the child is protected from physical or psychological harm and from being exposed to family violence. The second consideration is to ensure the child has a meaningful relationship with both parents.

At Nicholas James Lawyers, we also assist grandparents wanting to reconnect with their grandchildren following a separation between the parents of the child. Our lawyers are equipped with the relevant expertise in complex parenting matters involving family violence, same sex marriages, children with special needs or medical needs.

Not only do we have both a strategic approach and a thorough understanding of all legal matters but we also have a willingness to truly understand each client’s specific situation. We offer competitive legal fees and work towards resolving your matter in a timely cost-effective manner.

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