Not necessarily. Shared parental responsibility relates to decision making about important issues affecting the children, such as education, medical treatment, and religion. It does not automatically mean the children will live with each parent equally or spend half their time with each parent.

The arrangements for where children live and how much time they spend with each parent depend on many factors, including what is in the best interests of the children. Every family situation is different, and equal time arrangements are not guaranteed. It is important to obtain legal advice about what arrangements may be suitable in your circumstances. Contact us today to discuss.

Under the Family Law Act 1975, there is no specific legal age at which a child can decide where they will live. All decisions are based on what is in the child’s best interests.

While a child cannot make the final decision, their views may become increasingly important as they get older. The Court may consider the child’s views depending on their age, maturity, and level of understanding, however, the child’s wishes are only one factor taken into account.

Yes. Under Australian family law, children are encouraged to maintain meaningful relationships with important people in their lives, including grandparents and other relatives, where it is in their best interests.
Grandparents may be able to apply to the Court for orders allowing them to spend time with or communicate with their grandchildren. If you are experiencing difficulties maintaining contact, legal advice can help you understand your rights and available options.

Not always. Many parenting matters can be resolved through negotiation, mediation, or Family Dispute Resolution without the need for Court proceedings.

If an agreement is reached, it can be formalised through Parenting Plans or Consent Orders. Court proceedings are generally considered a last resort when parties cannot reach an agreement or it becomes urgent.

Generally, no. The law recognises that, where safe and appropriate, children benefit from having a relationship with both parents. Preventing a child from seeing a parent without a valid reason may be viewed negatively by the Court.

There are exceptions where concerns exist regarding a child’s safety or wellbeing, including situations involving family violence, substance abuse, neglect, or other serious risks. In these circumstances, it is important to seek legal advice promptly rather than making unilateral decisions.

Depending on the situation, arrangements such as supervised visits or urgent Court applications may be appropriate to ensure the child’s safety while preserving their relationship with both parents where possible.

Yes. Parenting arrangements may be changed if both parties agree or if there has been a significant change in circumstances affecting the children or the parents.

If agreement cannot be reached, an application may need to be made to the Court to vary the existing Orders.

If you are planning to move with the children, particularly over a significant distance, interstate, or overseas, you should inform the other parent. Relocation can affect the children’s ability to maintain a meaningful relationship with both parents and may also involve important decisions such as changing schools.

Short distance moves are usually less problematic, although you may still need to provide updated contact details unless there are genuine safety concerns.

Before making any firm relocation plans, it is recommended that you obtain legal advice. In some cases, the other parent may apply to the Court to prevent the move or seek orders requiring the children to return. Early legal advice can help avoid unnecessary disputes and costs.