FAMILY LAW FACT SHEETS

1. Where do the children live?
   Any dispute about where the children will live and with whom will be determined by considering the "best interests" of the children. Usually one parent has been the primary caregiver and the children will live with them. This is where the children "reside" and that parent is called the "residential parent".
2. When can I see the kids?
   It is best for you and the children if you can agree with the other parent on when you can see the children.
   It is important for both parents to remember that it is the children who have a right to "contact" with the non-resident parent and not the other way round.
   Any disputes about contact are determined by the Court considering what is in the "best interests" of the children.
3. Do I need Court orders?
   If you have workable arrangements in place you do not always need Court orders.
   However you will need formal orders when you cannot agree or where such orders will provide the certainty or outcomes that you need.
   Please speak to your lawyer at Norman Waterhouse about your options and how to achieve the result that you want for your children.
4. Which Court do I apply to?
   Whether you go to the Family Court or the Federal Magistrates Court will often depend on matters such as the complexity of the issues that you need the Court to decide.
   The filing fees are lower for an application to the Federal Magistrates Court but the Family Court may in some cases be a better option for you and you will need to talk about this question with us.
5. We were in a de facto relationship; what do we do about the children?
   You can apply to the Family Court or the Federal Magistrates Court for consent orders or for the court to make a decision. Unlike property arrangements the Family Court and the Federal Magistrate's Court have jurisdiction with respect to children of a de facto relationship.
6. What happened to "custody" and "access"?
   The terms custody and access have been replaced by "residence" and "contact". This change was aimed at moving away from a sense of ownership of the children and returning to an emphasis on the best interests of the children.
7. I want to move interstate with the kids; do I need permission?
   Yes, it is important to obtain the consent of the other parent to such a move to prevent an application requiring you to return.
   If your partner has moved with the children then talk to us immediately as you must act quickly if you want them to return.
8. We've reached an agreement; can we just get on with it?
   Yes, if you can agree and the arrangements are working then you can simply get on with it.
   Be aware that the arrangements that you put in place will set the basic terms of contact and residence in the future unless there is some significant change.
9. What is a parenting plan?
   This is a plan agreed between you about arrangements for the ongoing care, welfare and development of your children after separation or divorce.
   The plan can include agreements as to which parent the children will live with, with whom they will have contact and specific issues such as education, healthcare, and so on.
   Talk to your lawyer at Norman Waterhouse to make sure that you are achieving the outcome that you want.
10. Who pays for the children's expenses?
    It is often the residential parent who will bear the greatest proportion of the costs for the children. The non-residential parent will generally have an obligation to pay Child Support and you should speak to the Child Support Agency about the amount to be paid and how best to arrange for those payments or any payment of arrears.

Please note all Family Law information contained on this site is specific to Australia and the De Facto Law information is specific to South Australia only. These fact sheets are not intended to constitute or to be a substitute for legal advice. If you wish to obtain any further advice specific to your case please contact one of our Family Law Team.
Brendan Murray (Partner) Jill Miller (Partner)