Michael Seton
Solicitor Director
Accredited Specialist –
Family Law
LL.M., LL.B., B.Sc. (Psych.)
Parenting lawyer Central Coast
When dealing with parental law and your future relationship with your children, you need strong and flexible guidance and support.
Our experienced team, headed up by an Accredited Specialist in Family Law, will provide you with assistance throughout the entire process, to ensure a fair parenting order is secured.
Parenting Law
The law focuses on the rights of children to have a relationship with both parents. This means that separating from your partner doesn’t mean that you are separating from your child or children.
There is a legal presumption in favour of equal shared parental responsibility. Both parents have legal rights and responsibilities, and have an equal say in decisions relating to the child.
When it comes to deciding who the child or children live with and how much time they spend with the other parent, the law ensures that the best interests of the children are served first.
Parenting Order
If you and your former partner can together come to an agreement on the terms of parenting arrangements, you can draft a consent order. This consent order is then submitted to the Federal Circuit and Family Court.
If you cannot reach a mutual agreement, your next step is to attend family dispute resolution, where a mediator will try to find a fair resolution for both parents.
If this is unsuccessful, you’ll need to apply to the Court for parenting orders. These orders will dictate arrangements for care and responsibility.
Contact An Award-Winning Central Coast Law Firm
Family Dispute Resolution For Parenting Orders
If you cannot come to an agreement with your partner over how to parent your children, your next step is to attend family dispute resolution. You must attend this before being allowed to apply for parenting orders (although, there are exceptions to this rule).
The accredited family dispute resolution practitioner will issue a certificate that must be filed with the Court and simply states that your differences were unable to be resolved.
Federal Circuit and Family Court
If your differences are unable to be settled, then you will need to file an application seeking parenting orders issued by the Federal Circuit and Family Court.
If your case does end up in Court, a legally binding decision will be made through a hearing where the judge will decide what is in the child’s best interests.
Our Central Coast parenting solicitors are very familiar with the Court system and can use our experience to your advantage.
Ryan & Seton's Parenting Experts
Dominique Markwort
Solicitor
Nationally Accredited Mediator & Family Dispute Resolution Practitioner
LL.B., M.App.Law (FDR & Family Law)
When Discussing Parental Agreements, You Must Consider:
Best Interest Of The Child
- What the child/children themselves want
- The kind of relationship they have with the parents or grandparents
- Past participation in parenting role
- Past ability to fulfil their parental duty
- Family violence
Ability To Provide
- Safeguard from harm
- Provision of food, clothing, and shelter
- Financially support
- Safety, supervision, and control
- Appropriate medical care and attention
- Education
Child Support Determinants
- Income of each parent
- Number of nights each parent has the child or children
- Number of children aged below 13
- Number of children aged between 13 and 17
- Other dependants on the parent
Best Interest Of The Child
- What the child/children themselves want
- The kind of relationship they have with the parents or grandparents
- Past participation in parenting role
- Past ability to fulfil their parental duty
- Family violence
Ability To Provide
- Safeguard from harm
- Provision of food, clothing, and shelter
- Financially support
- Safety, supervision, and control
- Appropriate medical care and attention
- Education
Child Support Factors
- Income of each parent
- Number of nights each parent has the child or children
- Number of children aged below 13
- Number of children aged between 13 and 17
- Other dependants on the parent
Why Choose Ryan & Seton Law
Progressive Advice
Our experienced lawyers know how the legal system works for you and we stay informed and skilled on the latest developments in the industry. This means better outcomes for you.
Personal Approach
Our compassionate and professional team gets to know you and your situation - we support and guide you through the challenging time of dealing with a deceased estate.
Proven Results
98% of our cases are settled outside of Court, meaning you can achieve success as quickly and efficiently as possible, without the added time, stress and expense of going to Court.
FAQs For Parenting
Can sole custody be granted?
The term ‘custody’ is no longer used. Instead, the Court deals with parental responsibility and care of children.
Sole parental responsibility and sole care can be granted to a parent if the Court believes it is in the child’s best interest.
Who determines parenting arrangements?
Ideally both parents will come to an agreement regarding where the child will live, how much time they will spend with the other parent, and other logistical concerns. If both parents come to an agreement, this is called a consent order.
However, if both parents cannot come to an agreed position, the Court will hear and decide the matter and make appropriate orders.
Can my child visit or move overseas / interstate?
It depends on your whether you have parenting orders in place and, if so, what they stipulate.
Unless an order grants permission, a parent should not remove a child from Australia to travel or relocate overseas without the other parent’s consent.
Interstate travel does not require the consent of the other parent unless it will interfere with the time that a child is meant to spend with the other parent pursuant to the Court orders.
In circumstances where a parent intends to travel or relocate with the child against the other parent’s wishes – or does so – the Court can make orders restraining that parent or ordering them to immediately return.
What are the reasons for applying for an urgent parenting order?
When a fast turnaround is required for interim orders, you’ll need to apply for an urgent parenting order.
Common reasons for applying are
- Safety threats to the child
- Child abductions
- Unilateral relocations of a child away from a parent
- The need to prevent travel with a child (primarily interstate or overseas)
- Resolution of disputes over medical treatment of a child
- The need for enforcement of an existing parenting order that was breached
For more information, view our article on applying for an urgent parenting order.
Will I have to pay child support?
Both parents can be liable to pay child support, however depending on various factors, one parent is usually required to pay the other.
Factors that influence how much child support you have to pay include:
- How many nights each parent has the child in their care
- Income and assets of each parent
- Number and age of the children
- Other dependants (such as sick or disabled family members)
Parenting Resources
Request a consultation
Fiona Jones
The team at Ryan & Seton Lawyers are exceptional they are the ones you want when you need guidance in all your law matters. Michael is exceptionally professional and knowledgeable but is respectful and personable at all times. Michael was recommended to me by a colleague and friend to assist in my family law matter and I couldn’t be more thankful to him and his team. At one of the most difficult times in my life when I didn’t know where to start as my previous consults with a lawyer had left me more confused. From the first phone call and every correspondence after with himself or his wonderful assistant Tayla I felt informed and clear regarding my case and always took the time to ensure the process was as easy as possible. I am forever grateful to Michael for his hard work and is definitely someone who you would want in your corner.
Sheridan Ridley
The staff at Ryan and Seton helped me with consent orders and property transfer after a difficult separation. Dominique was compassionate and explained the process clearly, and Mel was wonderful to deal with - communication was outstanding! Gail and Mikaela were so patient whilst waiting for the transfer to go through and were super supportive.
Thank you!!!
Jason Seage
When signing our first commercial lease my partner and I were very nervous about all the things that could go wrong.
The best thing we did to help relieve the stress was hiring Tony Ryan and his team to help us sort through all the legalities. They were with us from start to finish.
They simplified the process and answered every question we had, we wouldn’t hesitate to recommend Tony and his team. We are now confidently opening up our first business thanks to Tony.
laura mcguire
Thanked forever grateful ....
andrew kingsley
I can not envision a better outcone to a traffic matter that i had Timothy Bowring handle for me at wyong court yesterday. Above and beyond all expectations, i highly recommend Ryan & Seton Lawyers, particularly Timothy Bowring.
