We are able to provide advice and recommendations in relation to Children’s Issues. The main emphasis of the Family Court and the Federal Circuit Court is on the welfare of children. Welfare of children is of paramount importance.
How the Court decides where children will live and what time they will spend with the other parent (formally termed custody and access) is completely centred around the child or children. Children’s matters include who the children live with, where the children will reside, what time and communication they will spend and have with the other parent, overseas travel applications, child abduction and all other parenting issues.
One vexing issue in the Family Court of Australia and the Federal Circuit Court of Australia is whether the parents will have joint parental responsibility or one or the other shall have sole parental responsibility. We can provide advice and assistance in determining whether a mother or father should seek sole or joint parental responsibility.
Moving to Darwin and the issue of relocation
Here in Darwin and surrounding areas including Palmerston and the Northern Suburbs the issue of relocation of children with one or the other parent generally back to the State or Territory from which they came, is a frequent issue put before the Family Court of Australia and the Federal Circuit Court.
Darwin attracts many couples with young families from interstate to journey here to live. Often one or other of the parents wish to return to where they came from due to a variety of reasons.
The Family Court of Australia and the Federal Circuit Court are often requested to determine whether and also when a mother or father can return with the children to where they came from.
We can assist in making the application for a Relocation Order on behalf of the parent wishing to go and also assist parents who do not wish their children to leave Darwin and live elsewhere due to, amongst other things, the monumental distances between Darwin and seemingly the rest of the Commonwealth.
Under the Family Law Act children have the right to spend time with and communicate with not only their respective parents but also with “significant” people in the child lives.
For example such a person could be a stepparent.
Most certainly grandparents, depending upon the circumstances, can be considered significant persons and grandparents who are being denied time with their grandchildren can make application to the Court for orders that they spend time with grandchildren and communicate with them.