Home Parenting The most Challenging Family Law Parenting Questions

The most Challenging Family Law Parenting Questions

On 8 February 2023 our Director, Anna Roberts and Accredited Specialist in Family Law, Marie Hayter hosted a live Facebook Q&A answering the most challenging Family Law Parenting questions, see below their answers.

The below content is the first of a three part series answering:

The most Challenging Family Law Parenting Questions
The most Challenging Family Law Separation Planning Questions
The most challenging Family Law Property Division Questions

Like our Facebook page to stay up to date and receive notifications about our live Q&A’s in future.

Director, Anna Roberts and Accredited Specialist in Family Law, Marie Hayter answer the following questions:

How does the Family Court view appropriate parenting orders for children aged 0-5, 5-12 and 12-15?
What impact can evidence of recreational drug or alcohol use have on parenting outcomes post separation?
When can I change my child’s school after separation?
What can I do if I am being excluded from parenting decisions?
What can I do if I am concerned my ex will take my kids overseas?

How does the Family Court view appropriate parenting orders for children aged 0-5, 5-12 and 12-15?

Under school age, primary school age, high school age.
Family Court must consider the child’s best interests, informed by child’s developmental age.
- 0-5 – Court typically favours time with the primary attachment figure and spending daytime with other parent.
- 5-12 – evolve incrementally to increase time and overnights with non-primary attachment.
- 12-15 – the child view is given serious wait, and ultimately gain independence and chooses who they spend time with.
Primary attachment is not necessary the parent the child spends the most time with but the parent that is most responsive and appropriate to the child’s needs.

What impact can evidence of recreational drug or alcohol use have on parenting outcomes post separation?

Excessive alcohol and/or recreational drug use may impact a parent’s capacity to parent.
Depends on the severity of use.
- Alcohol – elevated use.
- Drugs – any use not seen favourably by the Court.
Court usually imposes strict testing requirements and sometimes supervised or minimised time.
Court acknowledges rehabilitation.

When can I change my child’s school after separation?

Changing school is considered a major long-term decision, meaning in most cases both parents need to agree.
Moving for safety of the child is always permitted.

What can I do if I am being excluded from parenting decisions?

Parenting decisions are classed as:
- Day to day decisions.
- Major long-term decisions.
Major long-term decisions, generally require the input of both parents, these include:
- Schooling.
- Religion.
- Health.
- Relocation.
- Name change.
Seek an Order for equal shared parental responsibility from Court, meaning both parents input and/or signature will be required on documents.
Important to be proactive before decisions are made that cannot be undone.

What can I do if I am concerned my ex will take my kids overseas?

Proactive steps are essential.
Once a child has left the country it is much more challenging to get them back.
- Make an Application for a Family Court Order.
- Register the Order and the child on the AFP’s airport watch list.

Specialist Family Lawyers for Sydney and Newcastle

Make a Fresh Start. Contact Us Today

Make a Smart Start 1300 760 773

The information in this article is not legal advice and is intended to provide commentary and general information only. It should not be relied upon or used as a definitive or complete statement of the relevant law. You should obtain formal legal advice specific to your particular circumstance. Liability limited by a scheme approved under Professional Standards Legislation.