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Family Law Separation Guide - 2 - Living Arrangements for Your Children

Family Law Report - 9 Issues of Family Separation

Issue 2:  Living Arrangements for Your Children...

It can be difficult, but decisions must be made.  Who do your children live with?  Do they live with both parents equally (e.g. week about) or should they live with one parent most of the time and spend the rest of the time with the other parent? 

Who gets to decide what school your children will go to? Or should they change to another school?  Do both parents have a say in this and other decisions that will have a significant effect upon the children’s long-term welfare? 

If separating parents are unable to agree upon these issues, then Family Relationship Counselling can assist. 

Alternatively, we can assist you by taking these issues up on your behalf with your ex-partner or their lawyer to reach an agreement.  If you are at loggerheads and mediation does not assist, we can apply to the Court for Orders and a determination about what should happen.  

We can also apply urgently to the Court for Orders where we consider you are in physical or emotional danger; where there is family violence; or where a child has been taken away by your ex-partner (the other parent) and you are unaware of their whereabouts. 

Kidnapping or ‘Holding Over’ can be a very serious concern for many parents.  If you are worried about the other parent spending time with the children and not returning them to you as agreed, we can assist you by negotiating some Temporary, Interim or Final Orders so that the other parent’s failure to return the children to you would be in breach of these orders. If you find yourself in this situation where the other parent refuses to return your children to you, we can assist by filing an urgent application in the Court for interim orders and for what is referred to as a Recovery Order. 


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