De facto separation with a child can be a challenging experience, involving various legal, emotional, and practical considerations.
In Australia, de facto couples who separate need to navigate family law to ensure their children’s best interests are met.
This guide provides detailed information on the process and what you need to know about de facto separation with a child.
Key Takeaway: De facto separation with a child involves understanding legal responsibilities and prioritising the child’s best interests.
Parenting Arrangements Post-Separation
After separation, de facto parents must decide on the living arrangements for their children.
This includes custody, visitation rights, and how major decisions affecting the child’s welfare will be made.
Parents can reach agreements privately or through mediation. The Family Court may intervene to establish parenting orders if an agreement cannot be reached.
Key Takeaway: Post-separation parenting arrangements can be made privately or through legal intervention if necessary.
Also read: How to End a De Facto Relationship
Financial Support and Child Maintenance
De facto parents are responsible for providing post-separation financial support for their children.
Child support can be arranged through private agreements or the Child Support Agency (CSA), which can calculate and enforce payments based on both parents’ income and the needs of the child.
Key Takeaway: Financial support for children post-separation can be managed privately or through the CSA.
Property Settlement
After a de facto separation, property settlement involves dividing assets and liabilities acquired during the relationship.
The Family Court can assist if an agreement cannot be reached, ensuring a fair distribution based on each party’s contributions and future needs.
Key Takeaway: Property settlement requires equitable division of assets and liabilities, which can be facilitated by the Family Court.
Also read: What Can a De Facto Claim?
Impact on the Child
The impact of separation on a child varies, but maintaining a stable environment and ensuring consistent communication with both parents can help mitigate negative effects.
Access to counselling and support services is beneficial for the child’s emotional well-being.
Key Takeaway: Ensuring a stable environment and access to support services can positively impact a child’s adjustment to separation.
Legal Assistance and Resources
Accessing legal assistance is beneficial for navigating de facto separation with a child. Family lawyers can provide advice and representation, while community legal centres and online resources offer valuable information and support.
Key Takeaway: Seeking legal assistance and using available resources can help manage the complexities of de facto separation from a child.
Mediation and Dispute Resolution
Mediation and dispute resolution are key components in managing de facto separation with a child.
Mediation provides a platform for parents to discuss and resolve disputes amicably with the help of a neutral third party.
This process can cover parenting arrangements, financial support, and property settlement, aiming to reach an agreement without court intervention.
Family Dispute Resolution (FDR) services are available and often required before court proceedings.
Key Takeaway: Mediation offers a non-adversarial approach to resolving disputes, promoting cooperation and mutual agreement.
The Role of the Family Court
When de facto parents cannot agree on parenting or financial matters, the Family Court of Australia may be required to make binding decisions.
The court prioritises the best interests of the child, considering factors such as the child’s relationship with each parent, the child’s views, and any family violence concerns.
Court orders can cover parenting arrangements, child support, and property division.
Key Takeaway: The Family Court intervenes to ensure decisions are made in the child’s best interests when parents cannot agree.
Preparing for Separation: Practical Tips
Preparing for de facto separation involves practical steps to ensure a smooth transition for both parents and children.
This includes gathering important documents (such as financial records and identification), securing independent accommodation if needed, and establishing new routines.
It’s also beneficial to communicate openly with children about the changes in an age-appropriate and reassuring way.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
