Children- the parent the child lives with and the parent the child spends time with (previously called Child Custody and Contact).

The words “child custody” and “contact” have been replaced in the Family Law legislation by the words, “resident parent” and “time spent with”. The intention of the legislative changes is to emphasise that no parent owns the child.

Both parents whether married or not have full responsibility for all their children until a child is 18 years old. The Family Law system strongly encourages parents to reach an agreement
regarding the care of their children. Children are directly affected by separation and divorce whether by change of residence, loss of the family home and familiar surroundings and in particular a change in the amount of time they spend with each parent. The court can formalise agreements between parents in relation to the children by making Consent Orders.

If agreement relating to the child/children can be reached in conference with a Dispute Resolution Practioner then the court can be requested to make Consent Orders which reflect the agreement reached.

One cannot commence proceedings relating to children in the Family Court/Federal Circuit Court of Australia unless the parties have attended upon a Dispute Resolution Practitioner.

If agreement cannot be reached, the Dispute Resolution Practitioner will issue a section 60 i  Certificate which must be filed with any application for Parenting Orders. There are exceptions to this rule for example if there is an Apprehended Violence Order (AVO) in existence.