When the parents of children divorce, or separate when in a de facto relationship, there are many aspects of the children’s lives that need to be agreed upon. This will often be done with the support and representation of expert family lawyers from www.robertsonhayles.com.au, and ultimately any agreement will be sanctioned by the family court.
If no agreement can be found however, the court, having heard from both parties, will decide the way forward. It does so via a family order which will normally relate to which parent they will live with, what the other parent’s visitation arrangements are, and assuming the court has no information which precludes it, it will rule that joint parental responsibility applies.
In any decision, the court will always have as its most important priority the welfare and best interests of the children. This applies regardless of whether or not the two parents are on speaking terms, or generally amicable to each other. In other words, the court is not concerned with how much either parent thinks the other should not have responsibility or visitation for example.
The court will also most likely be required when one of the parents, usually the one with whom the children live, wishes to relocate to another town, city, or state. Now, in some cases, they might just be doing this to spite the other parent, but this is rare.