Consider The Children

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At all stages during the Family Court proceedings, you will need to keep in mind the impact that the separation may have on the children. You should consider

  • the need to protect and safeguard the interests of children;
  • the importance of a continuing relationship between children and both parents, and the benefits
  • the child gains from the parents cooperating with one another;
  • the potential damage to a child involved in a dispute, particularly if the child is encouraged to take sides or take part in any dispute between the parents;
  • the importance of identifying issues early and exploring options for settlement;
  • the need to avoid protracted, unnecessary, hostile and inflammatory exchanges;
  • the impact of correspondence (emails, letters, SMS etc) on the reader, particularly on the other party in the case;
  • the need to seek only those orders that are realistic and reasonable on the evidence and that are consistent with current law;
  • the principle of proportionality and the need to control costs; and
  • the duty to make full and frank disclosure of all material facts, documents and other information relevant to the dispute. For more information about the duty of disclosure, refer to the brochure

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