Application for my children to spend time with or live with me, what is the process?

20/10/2014

In other than extreme circumstances the Family Law Act requires that attempts are made between the parties to resolve the issues relating to children and in particular the time that the children spend with each of the parents and other important people in their life.  Unless there are urgent circumstances there is a requirement for the parties to attend a dispute resolution before applying to the Court for various orders.  The dispute resolution requirement requires that a genuine effort be made to resolve the dispute before there is an application for a parenting order.  The parties are required to attempt to resolve their issues before a family dispute resolution practitioner as defined in the Family Law Act

We can assist you in relation to advising of the relevant or appropriate dispute resolution practitioner who may assist you in the resolution.  Relationships Australia is an organisation which provides dispute resolution practitioners and is experienced in the requirements of the Family Law Act and assists.

The Relationships Australia website being www.relationships.org.au provides information as to process. 

It is very important that you contact us to discuss what are the possible and likely outcomes of the disputes that you find yourself in.  We assist hundreds of parents in preparing for the dispute resolution process and in particular considering their options and alternatives and the likely outcomes of a disputed matter before the Court.  The outcomes are wide and varied depending on the circumstances and involve relationships and the effect of the relationships that each person has with their partner, ex- partner and the children and also there are financial cost applications. 

We do assist you with having tools to be prepared for and to negotiate an outcome that is likely to be more beneficial than a Court litigated process in which a decision is made which on occasions is not satisfactory to either party.  It is best to contact us before agreeing to some arrangement concerning the children which is something that you might regret in the future or something that will not work in your circumstances.  Please contact Richard Watson or Dennis Grant to discuss the possibilities.

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