When a domestic relationship comes to an end and the parties decide to separate, the first issue to deal with is often the children. In that event, the Court has always said that the children's interests must come first.

Fortunately, in most cases the parties are able to reach agreement in relation to the children. However there are occasions when for whatever reason, the parties are unable to reach agreement either in relation to where the children will live or in relation to contact arrangements.

The law refers to these issues as residency (ie. where the child normally resides) and contact (ie. access to the children by the party who does not have residency).

Where the parties reach an agreement on all matters in relation to the children, it is not always necessary to formalise such an agreement by way of orders like it is with a property settlement. However generally speaking the formalisation of residency and contact agreements should be seriously considered.

For example, the formalising residency and contact issues would be important where you are concerned that the other party may behave in some irrational way or may be unreliable in honouring the informal agreement that has been reached.

Where the parties are unable to reach agreement in relation to where the children live or when contact may take place, the Family Court counselling service is available to you. You can contact Albury Registry of the Family Court of Australia on telephone 02 6021 8944.

The Family Court is particularly successful in assisting parties to reach agreement in relation to children. There are basically 4 types of orders that may be drafted and filed following an agreement between the parties:

Residency Orders — which determines where the children will live. Contact Orders — which determine when the children will have contact with the other parent that does not have residency. Special issues — dealing with education, medical care, treatment and personal issues relating to the children. Child Maintenance Orders — which are generally dealt with by the Child Support Scheme.

If you are unable to reach agreement in relation to children and the Family Court has been unable to help you, then you file an Application in the relevant Court to have the Court determine the dispute.

Sometimes a parent who has the residency of the children may wish to relocate after separation. There are often complex issues involved when a party is considering to relocate and before doing so should seek advice from a solicitor first.

When a Court is required to determine which parent the child/ren should live with, the Court will consider first of all what outcome would be in the best interests of the child. Often a heavy emphasis is placed on what is referred to as "the status quo" or in other words what arrangements have been in place for the children since the parties separated. The Court is usually most reluctant to separate children or to move them from their usual place of residence unless the child/ren are at risk of harm.

Sometimes a party feels that the other parent should not, for whatever reason, have any contact with their child or children. It is only in exceptional circumstances that the Court will refuse the other parent from having contact with their child/ren. The fact that a child may not have had contact with the other parent for some time, while relevant, is not of itself a barrier to contact taking place.

If you would like to arrange a confidential appointment with us to discuss your entitlements with Belbridge Hague, please email John Binnie or telephone us on 02 6051 4666.