Child Support and Custody
The separation of parents can be a distressing and confusing time for children, and our child support lawyers ensure the best interests of your children is of upmost importance during your separation and into the future. Lionheart Lawyers advise you at every step of the way, ensuring your child custody rights and entitlements in respect of care, education, protection and future well being. We help with the preparation of child custody agreements and the resolution of parenting matters in your unique circumstance, and can represent you in Family Court if proceedings are required.
Upon separation, a person can be required to financially support a former spouse when a special need can be shown including, but not limited to, substantial time caring for children, ill health, age, lack of job skills, limited earning capacity or disadvantage from being too long out of workforce.
Spousal maintenance is usually addressed at the same time as any issues regarding the care of children or any relationship property. We offer advice on applications for spousal maintenance, times the maintenance will be payable and possible payment amounts.
Contact us to talk about your spousal maintenance entitlements and how we can help.
COMMON MISCONCEPTIONS ABOUT PARENTING ENTITLEMENTS
We’ve provided the information below about common misconceptions regarding parenting entitlements. Being prepared and informed of your different options and possible outcomes will allow you to focus on what’s important – your children.
My ex left the kids, so he can’t have them
No. The court will always make orders to protect what it believes is in the best interests of the children.
Women always get the kids
The Family Court’s statistics show that in 2010-11 judicial officers made orders for children to spend a majority of their time with their mother in only 62% of cases. However, this does not automatically mean that the other spouse will not be entitled to visit and / or spend time with the children.
The separation was my ex’s fault, so he doesn’t deserve the kids
As with divorce, fault in marriage breakdown is not relevant to a court decision about where children should live unless the parent’s behaviour affects the children. Again, the court will always make orders to protect what it believes is in the best interests of the children.
She got the kids so she doesn’t deserve anything else
It is the responsibility of parents to jointly support a child unless there is a court order that says otherwise. For more information, please refer to our page on ‘Common Misconceptions About Property Entitlements’.
I am entitled to 50:50 equal time with the kids
No party has an automatic right to spend time with a child. The court will look at what is in the child’s best interests and issues of practicality. It can be difficult to secure time with children where there is hostility between the parties, or where the children are very young. However, this does not mean that the court will automatically refuse a parent that does not receive primary custody rights any form of right to visit or spend time with children.
Whatever your unique situation, rest assured that Lionheart Lawyers have the experience, skills and knowledge in the child custody and support fields to deliver the best solution in a timely and reliable manner. Contact us today for a free consultation.