Cochrane Law
Children

Care/Contact Arrangements For Your Children

  • If you are a separated parent, you may wish to obtain legal advice about care arrangements for your child/children.  Perhaps you and your ex-partner are unable to agree on care arrangements, or you may simply want some advice on what care arrangements may be best for your children.  Alternatively, you and your ex-partner may have reached agreement but you want to record that agreement in a legal document or a Court Order by consent.  By talking to a lawyer, you will be able to get advice on what the law says about care arrangements for children and how arrangements can be agreed upon between you and the other parent.
  • A family lawyer will recognise that separation is a very emotional and difficult time.  You may have difficulty talking to your ex-partner about care arrangements or you might be unsure what arrangements will be best for your children.  Your lawyer will help to negotiate arrangements if you are unable to do so yourself.  They will also be able to give you practical advice on what care arrangements may work and what arrangements may need changing (if any).  As your lawyer has assisted others in your situation many times before, they will know what needs to be taken into consideration and potential areas of disagreement.
  • As a separated parent, you need to understand the concept of guardianship.  Even if you have agreed that you will be the primary caregiver of the children, you will not be able to make all the decisions about the children if your ex-partner is also a guardian.  If you and the other parent of your children are both guardians, you must consult with each other and reach agreement about important decisions concerning your children.  These include which school your child attends, where your child lives, healthcare decisions, religion (if applicable), and whether you may take your child to live with you elsewhere or on an overseas holiday.  If you do not know whether your ex-partner is a guardian or your ex-partner has made a decision without consulting you, contact us for advice.
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