Living With & Spending Time With Your Children
When families separate, you may be unable to agree which parent your children should live with. Whilst ideally this situation would be resolved through negotiation without involving the court, either you or your former partner can make an application to Court for custody of your children.
If you cannot agree how often your children will see the parent who is not living with your children, otherwise known as access, then that parent can also apply to Court for access to your children.
If you have parental responsibility this means you are entitled to have a say on important decisions affecting your child’s upbringing, for example in relation to medical issues, education, religion or change of your child’s surname.
There may be situations when you and your former partner cannot agree on specific issues related to your child’s upbringing. This may cover matters including medical issues, education and choice of school, religion, holidays abroad and whether a child’s surname can be changed. Whilst it would be preferable to resolve these issues amicably through negotiation, sometimes it will become necessary to apply to Court for the issue to be decided.
The Court will take many different factors into account when deciding these issues for your child, however, the decision is made on the basis of what is in your child’s best interest.
Here at CSL Law we have a wealth of experience in dealing with these issues and routinely advise parents when issues involving their children arise.