Which school do we send Johnny to? Should we allow Johnny to go on his school camp? or is Johnny old enough to go out unsupervised with his friends? These are all decisions that parents at some point or another need to make.Parents are not always in agreement when it comes to making these parenting decisions.This divide between parents can be even greater when the parents do not live together or have in fact separated and are in conflict with each other.
With separated couples, the room for dispute is increased. Issues which arise in these circumstances are often more emotionally fuelled.Issues such as where children should live and how much time they should spend with each parent can have deep emotional impacts on parents and can affect their relationship with their children significantly.Furthermore protracted litigation over these issues is not necessarily going to improve the relationship between the parents or their children.
It is very easy to let you’re feelings towards the other parent affect the way you deal with that other parent.What must be remembered is that in proceedings regarding children’s issues the most important thing to remember is that as a parent you should be acting in the best interests of your child.According to the Family Law Act 1975 the best interests of children are met by:
ensuring that children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interests of the child; and
protecting children from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children receive adequate and proper parenting to help them achieve their full potential; and
ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
The principles specified in the Act underlying these objects are that (except when it is or would be contrary to a child’s best interests):
children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together; and
children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives); and
parents jointly share duties and responsibilities concerning the care, welfare and development of their children; and
children have a right to enjoy their culture (including the right to enjoy that culture with other people who share that culture).
As you may see the Act speaks of the rights of the child as opposed to the rights of the parents.
If you find that you cannot sit down and talk with the other parent of your child on your own, then mediation with a neutral third party may be a good option for you.In fact in most cases a certificate stating that you have attempted mediation is required before you can begin Court proceedings regarding children’s issues. There are numerous mediation services available.If at mediation you are still unable to come to an arrangement with the other party that would ensure the child has available to him or her all their rights, then Court action may be the only avenue available to you.It must be remembered that in situations where there is an ongoing relationship between the parties, all parties concerned will be better off if they can avoid Court action.Unfortunately this is not always possible for one reason or another.
At Georgiadis Lawyers we believe that our clients deserve the best representation and that this may not always mean barreling into Court and racking up fees and charges for our client.In disputes regarding children the aim should be to obtain a settlement that both parents are happy with, that will hopefully avoid future conflicts.
