Parenting

At Burrell Family Law, we prioritise the welfare of children in family law matters, adhering to the principles outlined in the Family Law Act 1975 (“the Act”). According to the Act, a child’s best interests are of paramount importance when the court deliberates on the issuance of a parenting order.

The Act aims to ensure that children benefit from the meaningful involvement of both parents in their lives, while also safeguarding them from physical or psychological harm arising from abuse, neglect, or family violence.

A common misconception among parents is equating “equal shared responsibility” with “equal time.” In reality, equal shared responsibility entails both parents sharing the responsibility for making decisions about their children’s long-term care, welfare, and development, such as those related to religion and schooling.

Determining whether children should reside with their parents on an equal share basis post-separation hinge on what serves their best interests. This consideration is not always straightforward, especially when parents struggle to communicate effectively regarding their children’s welfare.

There are two primary methods for documenting a parenting agreement: Consent Orders and Parenting Plans. Consent Orders formalise agreements through court approval, providing legal certainty and enforceability. On the other hand, Parenting Plans offer a more flexible approach, allowing parents to negotiate and record their agreement without court involvement.