Atherton Family Lawyers | Family Law

Is what I tell my lawyer confidential?

For 20 odd years, I lived and practised law in Alice Springs, a town with a population of about 25,000. Those of us who live in smaller places, know that the fantastic community spirit that comes with living in a smaller place also has the downside that everybody seems to know your business. So of course it is very understandable that in Atherton and other places in the Tablelands, you might be worried that details of your separation will be discussed in the community.

Please be assured that the most important rule of practising law is confidentiality. I can’t stress enough that it is taken with the utmost seriousness. Details of a client's file or situation will never be discussed by anyone in my office, or outside my office. If you come in for an appointment you’ll note the client files are not on display and we do our best to arrange appointments so that clients don’t cross paths, although sometimes that is unavoidable.

At our Atherton Office, we also have a back entrance and the ability to park away from the office or in our undercover carpark, if you are ever concerned about being seen coming to the office.

When can my child stay overnight with the other parent?

As a general rule of thumb when children are under the age of three, they cope much better with regular time with the other parent (not the parent they live mostly with). That time can be blocks of time during the day, returning home to their primary base.

Some children will be fine with overnights starting before they turn three but if a child is struggling with being away from their primary carer it is much better for your child to introduce overnights slowly and gently.

When a child starts school, and particularly if they have a solid relationship with the other parent then you could certainly be looking at 1 to 2 overnights per week. Some children even cope fine with a shared care arrangement by this age, but for this to work there must be no conflict involving the child and a good co-parenting relationship, ideally.

For more information on this topic please see our Blog.

When should children live in a shared care arrangement?

All children are different but very generally, when children are older and at the very least school age, they are more likely to cope with a shared care arrangement. What is most important for such an arrangement to be successful for your child is for you and the other parent to make sure your client is protected from any conflict between you. Ideally you should also ‘be in the same page’ when it comes to things like discipline, what is expected at home, homework, and so on.

A shared care arrangement doesn’t have to be week about. It can be a different arrangement over a fortnight.

For more information on this topic please see our blog.

Parental responsibility – what is it?

It isn’t what time a child spends with each parent. It isn’t decisions about day to day things.

“parental responsibility” is the concept of decision making – who makes the decision, one parent by themselves, or in consultation. There is a presumption that parental responsibility will be equally shared between parents but that presumption can be overturned in certain circumstances - where there has been family violence in the relationship; or if the other parent is difficult to contact for example.

If parental responsibility is shared, parents must consult and attempt to reach agreement in relation to the following long term major issues in a child’s life:

• education
• religious and cultural upbringing
• health
• The child’s name
• living arrangements where those changes make it significantly more difficult for the child to spend time with a parent.

For more information on this topic please see our blog.