Do All Parenting Matters End Up in Family Court?

9 February 2021

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When considering the end of a marriage or de facto relationship, many practical worries will float to the surface. A common fear is that children will be embroiled in Family Court proceedings as parenting disputes are aired.

However, there are various ways that child-related matters can be approached positively during this difficult time.

The spectre of Family Court in child disputes

Some parents struggle with the idea of needing to take children into an impersonal Family Court space while parenting disputes are hashed out. Yet it may be a comfort to know that many parenting arrangements can be successfully resolved without the need for attendance at the Family Court itself. Depending upon a number of factors – including the nature of current agreements, communication strategies, living arrangements and the children’s ages – many issues can be solved with the help of expert family lawyers.

Mediation, counseling and more

Non-adversarial dispute resolution is now the preferred way for deciding family law child matters, and indeed all family disputes. After a push towards alternative dispute resolution (ADR) in the mid-2000s, an impressive 75% of cases filed in the family court are now resolved during voluntary counseling between parties. There are well-designed processes for diverting parties to conciliation, mediation and/ or arbitration, as issues arise. Parties are expected to enter parenting discussions openly and with the best interests of the children at heart.

Taking kids to Family Court is no longer the norm when it comes to working out roles and responsibilities. Contact us for a confidential chat about your separation and related child matters.

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