Children

Adelta Legal are leaders in Adelaide family law in solving disputes in relation to children because:

Adelta Legal recognise that dealing with the break-down of a marriage or relationship is exceptionally challenging, particularly when children are caught in the middle of it all. Our experienced family law team can assist you with general advice in relation to children’s issues at any stage of separation, including appropriate advice given pre-separation.

We offer a broad range of legal services and options to negotiate children’s matters without needing the aid of the Family Court.

We can help you understand your legal rights and responsibilities under the Family Law Act insofar as they relate to the care arrangements of your children. The paramount consideration when determining children’s issues is what is in the best interests of the children.

Parental Responsibility

Under the Family Law Act, there is the presumption that the parties have equal shared parental responsibility. That is, all major long-term decisions are made jointly. Major long-term issues include (but are not limited to):

  • education;
  • religious and cultural upbringing;
  • health;
  • name; and
  • living arrangements insofar as it relates to those arrangements that may impact on the time the child spends with a parent.

Child

However, this presumption will not apply in circumstances of family violence, when it is not reasonably practicable or when it is not otherwise in the child’s best interest.

Parenting Agreements

You can formalise an agreement relating to the care arrangement in two ways, namely a Parenting Plan or a Consent Order through the Family Court.

What is the difference?

A Parenting Plan is a voluntary agreement between the parties. However, they are not binding in any legal sense and do not have the same force and effect as a Consent Order does.

A Consent Order is an Order of approved by the Federal Circuit Court of Australia. It is binding in nature and can have legal consequences if breached.

Before parties can institute court proceedings in the Federal Circuit Court of Australia they are required to engage and participate in Family Dispute Resolution (‘FDR’) .

Our family lawyers can provide you with practical and clear advice and can guide you through the process to ensure you reach the best outcome.

The requirement to attend FDR can only be dispensed with in certain circumstances. These may include:

Urgent Matters

We have offices in the city and at Tea Tree Gully for the convenience of clients.   In addition, for the elderly or infirm home or in hospital visits can be arranged.

Call us on 08 8415 5000 or send an email to make an appointment.