When it comes to children’s matters it is important to get Orders in place to ensure that you have a minimum amount of time. If the parties are getting along and agreeing to alternate arrangements, great, but when the parties start to disagree at least you have recourse if the other parent decides to stop time with the children.
There are many points that a Court will consider when making Orders relating to children including; who was the primary carer during the relationship, needs of the child, cultural background, welfare and safety, practicality (work, distance between parties etc) and the older a child is the more weight their views are given.
You should also consider the longevity of the agreement. Once Orders are made, it could be a difficult process to amend them and it will usually require the consent of the other parent or a significant and material change in circumstances for the Court to consider amending the Orders.
In Children’s proceedings you will hear terms such as meaningful relationship. Simply put this means that both parents are involved, if possible and if safe for the child, with the day to day lives of the child which includes helping with homework, attending sporting activities, and day to day activities.
In children’s proceedings, we suggest to our clients to consider what would the child want, what does the child need, what would the child think. Keeping these in mind as well as the best interests of the child can often assist with a quicker resolution of these matters.
