The most important thing during any divorce or separation is the wellbeing of any children involved. Getting this aspect right involves clear thinking around a number of issues – such as where children will stay, how their daily lives will flow and how best to support their needs into the future.
Many parents would like to spend more time with their children after a relationship breaks down, yet are unsure how to go about organising this. For parties who are dealing with the many challenges accompanying separation or divorce, it can be heartening to know that there are ways to legally maximise the time that you spend with your children.
Seeking more time
Some parents who have separated or divorced might currently be spending little or no time with their children. This can be a result of fallout from the separation itself, from unworkable child arrangements, or indeed for any combination of challenging factors. Often the parent who currently has less time with the kids will be struggling with this situation and will understandably seek to make changes. However, it is important to begin the processing of spending more time with the children by first accessing the correct legal information.
What factors are assessed?
There are many issues to be considered when seeking to increase the amount of time spent with your children after separation or divorce. The governing concept in Australian family law proceedings is that the best interests of the child are paramount – that is, above any other factors associated with the relationship breakdown, including property division, spousal maintenance, personal problems in the relationship and/or the general array of parental emotions.
In deciding what is best in terms of the amount of time you spend with your child, a range of factors will be assessed. These include the child’s age, any stated preferences, the history of care-giving, particular social or emotional issues, distance from homes and schools, cultural and health factors, sibling circumstances and child-suitable accommodation – to name just a few! It can certainly seem daunting.
Time for a solution
After separation, people can be saddened by the reduced time that they get to spend with their children. Yet often this need not be the case.
At Pentana Stanton, one of our fortes lies in assisting parents to gain clarity and direction in this tricky area of family law. Because we are focused on the best outcome for you and your kids, we will be as thorough as possible in working towards your goal of spending more time together.
On meeting with your family lawyer, you will be invited to discuss the current amount that you see your child, your particular circumstances and any unique factors that should be considered. Setting out these and other details will help us to explain and explore options that may enable you to spend more time with your child.
So, get in touch with us to discuss a better arrangement for spending time with your child – now and into the future.