A bit about me!

Clarissa RaywardDirector Brisbane Family Law Centre

Accredited Family Law SpecialistMediator & Collaborative Family Lawyer

Also known as “The Happy Family Lawyer”www.thehappyfamilylawyer.com

How will this work?• Please ask questions

• General information and remember you should obtain advice specific to your family

What are we going to cover?1. Common legal confusions2. Legal principles3. How a Court might determine

arrangements for children4. Your options in documenting

arrangements5. Do’s and Don’ts when it comes to kids

& separation

Upon separation there are 3 main legal issues couples need to consider-

1. Financial matters (property/ child support/ spousal maintenance)

2. Parenting matters3. Divorce

The common legal confusions about parenting after separation!

I have rights!

I want equal time!

I want full custody!

The Legal Principles1. Benefit of meaningful relationship 2. Protected from harm3. Receive proper parenting4. Parents to fulfill their duties and meet their responsibilities5. Children have a right to know and be cared for by both their parents6. Children have a right to spend regular time and communicate with their parents7. Parents to share the duties and responsibilities of parenting8. Parents should agree about the future parenting of their children9. Children have a right to enjoy their culture10. Family Courts will only make orders in the “Best Interests” of children

But I want Equal Time!!

The importance of the concept of “Equal shared parental responsibility”

What does this mean?Why is it important?

But I know what’s Best!!The ‘Best Interests’ principles& how they apply

So what does all this mean?

The Courts should be your last resort. Parents are the best decision makers in relation to their own children- you will know your children better than anyone

So what should you do?

There are 3 options-

1. No formal agreement2. Parenting Plan3. Court Order (by consent

or as determined by a Court)

How can you reach agreement?There are 5 main ways1. Kitchen table- do it yourself2. Mediation/ Family Dispute Resolution3. Collaborative Practice4. Solicitor based negotiation5. Court Determination

Remember- There is no perfect one size fits all solution.

Every family is different so don’t be afraid to trial different things over time

Top 10 Do’s and Don’ts1. Don’t involve the kids in adult issues2. Don’t say bad things about your

partner3. Remember every family is different4. Don’t believe everything you hear5. Don’t communicate through your

children

Top 10 Do’s and Don’ts1. Do focus on yourself and not your

former partner2. Don’t question the children3. Do establish a consistent routine in

both homes4. Do Focus on the good not the bad5. Do be flexible

Any Questions?

Tuesday 12 August 12.30pm

THANK YOU!