Sunday, 05 September 2010
Child Contact


The point of child contact is to make arrangements in the best interests of the child. Click HERE for a link which provides comprehensive information about proceedings related to the court and law as it applies to children of separated or divorces parents.  Some of the important issues are:

  • To build a relationship good enough to parent together as separated people, please consider Relate's Family Counselling Service link to contact us
  • To agree together what arrangements you want for your children, please consider the mediation link to the Family Mediation Council
  • If you need legal advice about child contact, please consider talking to a Resolution Lawyer who will be committed to non-acrimonious legal dispute resolution link to resolution.
    As stressful as a separation can be for the adults involved it is potentially more traumatic for children. Of course it will be easier for them if the parents can remain amicable, however that is not always possible.

Our legal consultant says:

If there is a dispute over who the children should live with it is open to either party to commence proceedings for a Residence Order. Residence of the children can lie with one parent or the other, or can take place on a shared basis, either with the children spending ½ their time with each adult or dividing times for example with one parent having residence on alternate weekends. Every family is considered individually and the welfare of the children is the Court’s paramount consideration. Where a Residence Order is made in one parent’s favour, or, if residence is not disputed the non-resident parent can apply for a Contact Order to determine what level of contact they should have with the children and have it confirmed within a Court Order. There are a number of sanctions where a resident parent does not comply with such an Order, for example being required to undertake unpaid community work. In severe cases the Court can consider a transfer of the residence to the children if the Court is satisfied that that is in their best interests.

It is sometimes necessary to make emergency applications for the benefit of children, for example if a non-resident parent refuses to return the child/ren following contact or removes them from the country without the other parent’s consent. It is best to obtain legal assistance wherever an Application of this nature is required.