What should I know about parenting matters?

The Basics of Parenting Matters

A fundamental principle of family law is that children have a right to know and spend time with each of their parents. This is the case apart from in exceptional circumstances where it can be demonstrated that this is not in the child’s best interests.

The focus of the court when making decisions about parenting arrangements is to make a decision that is in the best interests of the child, not on the “rights” of the parents. However, this does not mean that the children must spend equal amounts of time with each parent.

Often, it can be demonstrated that equal time is not in the best interests of the child, and that another arrangement would better meet the needs of the child. Sometimes, it is possible to negotiate the terms of consent court orders that are in the best interests of the child, although in other cases court proceedings may be inevitable.

What should I do if my ex-partner is preventing me from seeing my children?

Whatever the reasons for the situation, if you are being prevented from spending time with your children it is important to seek legal advice as a matter of urgency. Allowing time to pass might damage your chances of achieving a favourable outcome.

Intervention Orders

An Intervention Order is an order made in the Magistrates Court of South Australia that places restrictions on the behavior of one person (the “defendant”) towards another person or people (“the protected persons”).

It can have a significant flow-on effect in family law court proceedings, especially when involving children. Intervention Orders were previously known as “restraining orders”.

If you have been served with an Intervention Order, legal restrictions have been placed on you. For example, you may not be permitted to make any contact with your ex-partner or spouse or your children.

It is important to remember that breaching an Intervention Order (even an interim order that you have not agreed to) is a serious and jailable criminal offence.