We have separated and I am not seeing the kids, what do I do now?

It is challenging for parents to come to an agreement regarding parenting arrangements during the time of separation as the relationship often becomes hostile and tense.

If you are having trouble communicating with the other parent, you should seek legal advice from our firm. Our solicitors can provide you with advice as to your rights and entitlements in relation to parenting.

Thereafter, we can communicate with the other parent on your behalf, to negotiate an appropriate parenting arrangement to enable you to recommence spending time with your children as soon as possible.

If an agreement is reached between the parties, it can be reflected in consent orders, which when filed with the Family Court of Australia, become binding orders of the court.

If the parties are unable to reach an agreement through negotiation, an application to the Family Court of Australia or the Federal Circuit Court of Australia is the next step.

Prior to applying to the relevant court and where the circumstances are appropriate, the parties must attempt mediation through a family relationship centre, or a private mediation hosted by an approved facilitator. During the mediation, the parties are to attempt to settle their parenting matters on a final basis. In lieu of an agreement, the mediator will provide you with a Section 60I certificate to include in your application to the court.

Rafton Family Lawyers have a dedicated team capable of providing you with the necessary legal advice and assistance. Please contact us on (02) 4578 5611 or via email at info@rafton.com.au.

Read our plain English handbooks

These fact sheets are designed to provide an overview of the relevant issues and systems so that you have a better understanding of the process.

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