When parents separate, their responsibilities toward the children don’t end. In fact, parents may become more involved in the upbringing of their children due to family law obligations such as child support. Parenting matters can become complex when responsibilities are shared while living separate lives, and if you feel your child’s welfare is being compromised, contact Taylor & Scott Family Law experts for a free case assessment.
What are the primary considerations in parenting matters?
Both parents share the responsibility of looking after the health and wellbeing of their children. The Australian Government’s Department of Human Services has broad reach in overseeing parents’ payments to assist children. Organisations such as Legal Aid New South Wales provide additional support for parenting matters, while legal experts such as Taylor & Scott Lawyers are asked to assist when direct negotiations reach a stalemate, parties wish to formalise their agreement or couples desire more clearly defined roles through the certainty of court orders.
Child support eligibility is affected by several factors. Your ‘percentage of care’, or time spent caring for your child, is part of the equation, as is your income. Considerations include:
- The child’s age
- The parents’ respective income
- The time each parent spends caring for the child
In other words, you will normally pay child support if your percentage of care is less than your share of income. You will receive child support if your percentage of care is greater than your share of income.
Do you need a lawyer in all cases?
Fortunately, most couples negotiate the upbringing of their child without too much unwanted disruption. However, life moves on for both parents and children, and adjustments to financial arrangements may need to be made along the way. It makes good sense to create a legal agreement verified by Taylor & Scott at the outset of separation to ensure childcare negotiations remain within pre-existing limits.
Government guidelines are established and enforced, but there can be times when a person’s voice isn’t heard by the right people. With Taylor & Scott’s Family Law professionals on your side, you have the case-winning voice of experience to support your cause. Our legal experts are highly-regarded and headed by an accredited expert in the Family Law field. Parenting matters are assessed on a case-by-case basis, and with Taylor & Scott’s backing, your case will be prepared and presented in the strongest possible manner.
What happens if you disagree on arrangements?
With parents and children living somewhat separate lives, it’s not surprising that disagreements arise. Creating a nurturing and loving environment for children is the aim, but parents can feel constrained at times and unable to move on with their own lives. Parenting matters can become a juggling act requiring a huge investment of time and money, so creating a workable agreement is essential.
Your agreement can be established through negotiation or mediation, formalised through court orders if possible. It’s worth understanding however, that informal agreements are not enforceable and are based purely on the co-operation of both parents. If you are both satisfied with the agreement, Consent Orders can be sought from the court, with the decision legally enforceable.
What rights do other family members have?
Children and parenting matters aim to satisfy the ‘best interests’ of the child or children. This includes retaining a meaningful relationship with both parents while also protecting children from harm. Your agreement can be informal or a legally enforceable court order, with your individual circumstances governing the choices you make. In most cases, there is no barrier to children continuing relationships with relatives and extended family, although times can change, and relationships evolve.
Other than parents being involved in matters, individuals such as grandparents have legal standing in such cases and are entitled to make an application to the court, although before doing so detailed and well-considered legal advice should be obtained from expert lawyers who practise in the area day in and day out, such as at Taylor & Scott.
If you or someone you know requires assistance during what can be a difficult and confusing time, contact Taylor & Scott Lawyers for sound Family Law advice. We have been assisting the people of Sydney and greater New South Wales since 1894, and our caring, considerate and knowledgeable approach is still in demand today.
At Taylor & Scott, ‘We Care For You’.