De Facto Relationship Children Lawyer Penrith Area

Although children of a de facto relationship are not children of a marriage, they are dealt with under the Family Law Act. The Court will consider what is in the best interests of the children and, since July 2006, there has been an amendment to the Family Law Act in relation to children regarding shared responsibility of children. The Court will also consider the time that the children spend with each parent and what will, ultimately, be in the best interests of the children.

Although parents of children from a De Facto Relationship are not married, any dispute regarding children may be heard in either the Family Court of Australia or the Federal Circuit Court.

One of the most important issues following the breakdown of any relationship is ensuring that the interests of the children are taken into account. When making decisions in relation to the children of a relationship, the Family Court or the Federal Circuit Court must make a decision which is in the best interests of the children and whether there is Shared Parental Responsibility. There are a number of factors which are taken into account which include:

• the child’s relationship with both parents;
• the wishes of the child;
• the effect on the child of any separation from a parent;
• the practical difficulty and costs of the child spending time with a parent;
• the ability of each parent to care for the child;
• the attitude of the parents to the child and their parenting.

Many other factors are also taken into account.

There can be no more emotional issues after the breakdown of a relationship than deciding with whom the children shall live and when the children will spend time with the other parent.

At Bateman Battersby Lawyers Penrith, our experienced team can assist you with disputes involving children of the relationship including:

• providing initial advice as to the children’s issues;
• negotiating with your partner or their legal representative;
• appearing on your behalf in the Family Court.