One of the key objectives of Family Law in Australia (for better or for worse) is that it acts in the best interests of the Children.
"Is it in the best interests of the children? " is in fact a test that the Family Law Court will apply to any decision they hand down.
It is,an honourable objective, and one which all parties in a divorce should keep in mind, not only when negotiating, but also in their day to day behaviour towards each other.
With this in mind then, why is it that so many men I speak with have taken advice from lawyers, begun a process to settle their estate or even filed for a divorce hearing without ever making sure that the care arrangement for their children is formalised or at least clearly understood by all parties (including the children)?
In many cases I hear "we have an amicable agreement in place". It becomes clear that the arrangement "all depends" and usually requires discussion and agreement from both sides.
Unfortunately as negotiations proceed over houses, super and court appearances, the relationship that supported an amicable arrangement is eroded or even lost.
"Is it in the best interests of the children? " is in fact a test that the Family Law Court will apply to any decision they hand down.
It is,an honourable objective, and one which all parties in a divorce should keep in mind, not only when negotiating, but also in their day to day behaviour towards each other.
With this in mind then, why is it that so many men I speak with have taken advice from lawyers, begun a process to settle their estate or even filed for a divorce hearing without ever making sure that the care arrangement for their children is formalised or at least clearly understood by all parties (including the children)?
In many cases I hear "we have an amicable agreement in place". It becomes clear that the arrangement "all depends" and usually requires discussion and agreement from both sides.
Unfortunately as negotiations proceed over houses, super and court appearances, the relationship that supported an amicable arrangement is eroded or even lost.
Often the Kids Miss Out.
A new regime starts to take place instead of the amicable arrangement.
You're living on unstable ground with you and the kids confused about what's happening during the school holidays or even worse - this weekend.
It is so much simpler to formalise an agreement in writing which is genuinely in the best interests of the children, without having the storm of financial settlement or court appearances brewing in the background. [Relationships Australia have a great Parenting Plan template - Download Here],
Family Law is very clear, always check an action to see if it is in the children's best interests, give them the clarity and security they deserve. Set up a parenting plan and get it signed off by both of you First and Foremost.
All the other stuff can (and will) cloud the issue if you do it at the same time.
My advice is simple, get the children's care sorted clearly and properly first.
The rest can happen after that.
Ben
You're living on unstable ground with you and the kids confused about what's happening during the school holidays or even worse - this weekend.
It is so much simpler to formalise an agreement in writing which is genuinely in the best interests of the children, without having the storm of financial settlement or court appearances brewing in the background. [Relationships Australia have a great Parenting Plan template - Download Here],
Family Law is very clear, always check an action to see if it is in the children's best interests, give them the clarity and security they deserve. Set up a parenting plan and get it signed off by both of you First and Foremost.
All the other stuff can (and will) cloud the issue if you do it at the same time.
My advice is simple, get the children's care sorted clearly and properly first.
The rest can happen after that.
Ben
RSS Feed
