It is inevitable that some parents will not be able to resolve their parenting disputes by consent, and instead Court proceedings will be necessary.
Circumstances where a Court application may be necessary include:
- Allegations of risk or harm to a child or parent posed by the other parent – such as risks of family violence, risk of psychological harm or emotional harm;
- Where it is alleged that a parent or child suffers from poor mental health or psychiatric injury that prevents them properly caring for a child;
- Where it is alleged there is a history of family violence against a parent or child, or to which children have been exposed;
- Where it is alleged that a parent has a history of drug or alcohol abuse;
- Allegations of serious parental incapacity, including a lack of basic parenting skills; and/or
- Where there has been a period of no contact between a parent and child and the parent-child relationship needs to be re-built.
The family law system in Australia is well equipped to deal with these kinds of issues in the children’s best interests, in particular – where possible – to balance out the competing priorities of ensuring children have the benefit of a meaningful relationship with both parents, but at the same time ensuring that the children are protected from harm.
At Sanicki Lawyers, we can assist you to navigate the Family Law Court system – from taking your initial instructions and giving you initial advice, to commencing (or defending) Court proceedings including interim applications (such as Recovery Applications or Airport Watch List Applications) – all the way to Final Hearings before a Judge.
If you have a very complex family law parenting matter that involves any of the above issues, please don’t hesitate to email Stephanie Hope, Senior Associate and Head of Family Law at Sanicki Lawyers at firstname.lastname@example.org or on 03 9510 9888 today to arrange a confidential advice session.