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"Who will get custody of our children, me or my ex?"


Children and Parenting Matters


Many of us by now would know of a friend or family member who has experienced a marriage breakdown. What we also know is that negotiating children’s arrangements is the most difficult and painful aspects of a marriage separation.

If you and your spouse separate and you have children, one of your first priorities will be to work out the living arrangements for your children. Those arrangements ultimately need to be in your children’s best interests.

Londi Gramelis, Principal of First Choice Family Lawyers will help you reach the appropriate agreement with your spouse about parenting issues. Here is her perspective and advice for parenting and family matters during a separation.

What is the best arrangement for families?

Put simply, there is no standard custody arrangement. Different arrangements work for different families. Quite often, a child will live with mainly one parent and spend some time with the other parent. In many situations, a child spends equal time with each parent.

Whatever the case may be, when you and your spouse reach an agreement, we can formalise the arrangements by obtaining Family Court Orders without you attending Court. We can help you with parenting plans and even informal agreements.

In some cases, you and your spouse are unable to reach an agreement regarding the child/children through an Application for Consent Orders. However, if there are urgent issues around the safety of children, my team and I can address them in the Family Court or Federal Circuit Court. First Choice Family Lawyers can represent you in Court, provide you with clear and concise guidance and support in what is often considering a daunting and confusing process.

What does the Judge factor in when making their decision about custody arrangements?

1. What would be interest of the child/children

2. Any confirmed neglect, abuse or violence by the parent towards the child/children

3. Each parent’s ability to look after the child/children – that means looking after their emotional wellbeing, financial responsibility, medical care and physical needs

4. How the children will be affected by the arrangements (will they be affected by travel to school, activities and friendships?)

5. The ability for the parent to provide a stable living environment

6. The mental and physical health of each parent

7. The quality of the relationship between each parent and their child/children

8. The children’s ages – most judges would prefer consistency and stability for younger children. As children get older there are more flexible arrangements made

Our expertise lies in all areas of children's matters, including living and parenting arrangements, mediation, grandparent rights and local and international relocation cases. We are here to help and make the process easier. Email Londi Gramelis and londi@firstchoicelaw.com.au

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