FAQ: Children

Any dispute about where the children will live and with whom will be determined by considering the "best interests" of the children. Usually one parent has been the primary caregiver and the children will live with them. This is where the children "reside" and that parent is called the "residential parent".

It is best for you and the children if you can agree with the other parent on when you can see the children.

It is important for both parents to remember that it is the children who have a right to "contact" with the non-resident parent and not the other way round.

Any disputes about contact are determined by the Court considering what is in the "best interests" of the children.

If you have workable arrangements in place you do not always need Court orders.

However you will need formal orders when you cannot agree or where such orders will provide the certainty or outcomes that you need.

Yes, it is important to obtain the consent of the other parent to such a move to prevent an application requiring you to return.

If your partner has moved with the children then talk to us immediately as you must act quickly if you want them to return.

This is a plan agreed between you about arrangements for the ongoing care, welfare and development of your children after separation or divorce.

The plan can include agreements as to which parent the children will live with, with whom they will have contact and specific issues such as education, healthcare, and so on.