How Does the Court Determine Child Custody Arrangements Following a Separation?

When parents separate, one of the key issues that may arise is the residence and contact arrangements for any children. The family law system encourages parents to work out arrangements for their children without the need of Court intervention. However, this is not always possible and either parent can apply to the Court to have the matter resolved.

The best interests of the child

 In determining what is in the best interests of the child, a Court will consider such factors as:

• who the child has lived with previously;
• the relationship the child has with each parent;
• the willingness and capabilities of each parent to be involved in the child’s upbringing;
• the practicalities of both parents seeing the child, including where each parent lives and where the child goes to school;
• where the extended family, such as grandparents, live;
• depending on their age and maturity, the views of the child;
• whether there is any history of violence, abuse or neglect.

At Szabo & Associates Solicitors, we take a collaborative approach to family law matters and believe separation need not be harmful to children if well managed.

Contact our Child Custody and Family Law Solicitors in Sydney, NSW

Szabo & Associates Solicitors can provide you with expert advice on a wide range of legal matters including child custody and family law. We can help you achieve the best outcome for you and your children. Please contact us on 02 9281 5088 or complete the online contact form.