Evans Brandon Family Lawyers are able to provide you with advice with respect to parenting disputes that concern your children or grandchildren.

The best interests of the children are always paramount.

We will be proactive in ensuring that the best interests of the children are met.

Providing advice in Parenting Disputes

At Evans Brandon Family Lawyers we can provide you with assistance in respect to:

  1. Advising what outcome is realistic in your particular circumstances. We are always conscious of costs and will be up front with you in respect of the likely outcome. We are happy to provide clients with examples of “real life” outcomes and copies of reported decisions which help clients to understand the court process.
  2. We can act immediately if the situation is urgent. We can seek urgent Orders from the Family Court or Federal Magistrates Court in respect of issues such as child safety, child abduction, child relocation, child abuse, child travel/passport issues. We have met with a client at 3pm and prepared an urgent application, filed the order and have been heard by 7pm that day preventing a child from being removed from the country.
  3. We can assist you in achieving a negotiated outcome in respect of Parenting Arrangements. We are able to provide assistance in respect to mediating a dispute or a referral to a Family Dispute Resolution Practitioner, Counselor or Psychologist. The firm has a network of professionals who work exclusively in the area of family law. They provide invaluable assistance in managing matters and reaching a successful outcome.
parenting disputes

Many clients contact us after they have participated in a Family Dispute Resolution Conference, and no resolution has been able to be reached in respect of Parenting Arrangements.

We find it beneficial for clients to seek advice in respect of parenting issues prior to attending Mediation. If you can ascertain what outcome is likely if the matter proceeds to court for determination, this will assist you in negotiating a fair outcome yourself and ultimately save legal costs.

Drafting Parenting Orders

If parenting disputes are resolved at the Family Dispute Resolution Conference, the client then attends on us to draft the agreement into Parenting Orders or a Parenting Plan to ensure all issues are covered.

In reaching an outcome, we do everything possible to ensure it is final to save on further legal costs and the emotional toll of revisiting the matter.

Typically, Parenting Orders should include Orders relating to:

  1. The allocation of parental responsibility (please see the comment in our FAQ section).
  2. The weekly time arrangements for with whom the children will live.
  3. Arrangements for school holidays.
  4. Arrangements for special days such as the children’s birthdays, your birthday, Father’s Day, Mother’s Day, Christmas, Easter etc.
  5. Specific issues relating to schooling, communication and behaviour of parents.
  6. The procedure for resolution of disputes.
  7. Overseas travel.

If your matter cannot be resolved amicably, we can draft and file proceedings without delay.

The filing of proceedings does not mean that your matter will proceed automatically to hearing. At Evans Brandon Family Lawyers, most matters where proceedings are filed will resolve prior to hearing.

Often, one party will have expectations that are unrealistic and it is not until they are required to seek legal advice or their position is questioned by the Court that they are more realistic in their expectations.

For more information regarding children’s matters, please contact us to make an appointment to discuss your matter.

Practical Tips

  • Don’t move out of the home until you have had legal advice unless you or the children are in danger.
  • Speak to your children’s teachers or carers and inform them of the separation so they can watch for any signs of emotional distress.
  • Keep a diary in respect of the children’s arrangements. This assists in keeping the arrangements but is also invaluable if the matter does proceed to Court.
  • Do talk to family, friends or your general practitioner if you are having difficulty coping with the separation.
  • Don’t make negative comments to the children in respect of the other parent.

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