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Frequently Asked Questions in relation to Children

Q. I've heard that it is compulsory for my former partner and I to go to mediation. Is that true?
A. Yes. You must make a genuine effort to resolve your matter before you file with the Court. When you file you must provide a certificate from an accredited family dispute resolution practitioner with your application. This requirement applies even if you have preexisting orders in relation to the child. In certain circumstances, such as family violence, the court may grant you an exemption from the requirement to file a certificate.

Q. We haven't been allowed to see our grandchild by our child's former partner - is there anything we can do?
A. A parenting order may be applied for by either or both parents of the child, the child, a grandparent, or any other person concerned with the care, welfare or development of the child. As such, you could bring an application to spend time with your grandchild. Alternatively, your child could bring an application for themselves to spend time with the child and also seek that you be able to spend time with the child.

Q. What is 'shared care'? 
A. The Family Law Act states that arrangements which involve shared responsibilities and cooperation between the parents are in the best interests of the child. However, that does not necessarily mean 'equal care'. Every family is different, so the arrangements that work for your family may be different from other families. It is important that you make arrangements that will work the best for your children.
 

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