What Are the Legal Concerns for My Children in a Divorce?

Simon BennettSimon Bennett, Managing Partner at OMB Solicitors, analyses the key legal concerns revolving around children in the case of a divorce. He speaks with Toowoomba Family Lawyers to discuss the importance of an open relationship with children, and encourage the uptake of a set plan to help your child feel more comfortable after the divorce.


Every ambiguous unfavourable reaction from parents hurts their children and households. Rather, it is a week-long battle, separation, or divorce. Only children suffer the most in every divorce circumstance, such as emotional anguish, academic gap, impulsive behaviour, anxiety, etc.

Before Divorce :

  1. Work with a child specialist or a counselor:

Announcing your kids about divorcing might be one of the most difficult things you ever do – for both you and your children. So, before you inform them, consult with a kids psychologist. Their primary function is to mitigate the negative impacts of divorce on your children. 

A professional will educate you when and how to convey the bad news in the least destructive way possible, behave around them, and deal with your difficulties without involving your kids. They will also be able to advise you on how to share your time equitably between the two residences.

2. Changing children’s attitudes toward divorce:

Even amicable divorces can cause hardship for children. The most heinous divorces may leave long-lasting wounds. For children, uncertainty about the future is terrifying. Depending on age, a child’s feelings might vary from acute dread of abandonment to anger and blame directed against one or both caregivers. The finest thing parents can do is express their continuing love and devotion to the child’s care.

3. Allow them to express their emotions. 

Many children will mourn the loss of a family they believed they’d have forever. Assure them that any emotions they are experiencing are normal. If they are afraid to communicate with you, refer them to a professional. Divorce is a difficult time for children, and it never hurts to have a therapist assist them in sorting through their feelings. Divorce with children may be an extremely difficult moment, regardless of how friendly you and your ex-partner have been. Maintaining your primary emphasis on their well-being will assist them in adjusting to their new family situation as painlessly as possible.


After Divorce:

Parenting duty after divorce: 

If you have more than one child, the court will determine responsibility for each child individually. A kid above the age of 12 can petition the court to delegate the duty to one of the parents. This parent will be responsible for the child’s upkeep until the youngster reaches 21. If your kid was born during a marriage or registered partnership, you would often retain shared parental obligation.


The child’s perspective on parental responsibility decisions:

Children above the age of 12 are informed immediately when they are scheduled to show up in court. It is up to the youngster whether or not to attend the hearing. If a kid under the age of 12 requests to be heard, the court will summon them to a hearing.



Co-parenting is only feasible if both parents are willing. If you and your ex-partner co-parent, this implies you share responsibility for the children. It has no influence on parental responsibility or child maintenance. You can make arrangements regarding when the child will be with each of you and who will pay for what. These agreements might be outlined in a document prepared by a civil-law notary or incorporated into a divorce settlement agreement.


Equal parenting: 

Equal parentage indicates that both parents have equal rights and responsibilities for their children’s care and development. This does not, however, imply that the kid spends half of his or her attention with each caregiver.



You are the legal representative of your kid and have power over their wealth and assets if you are responsible for them. Childcare is constantly in need of funds for its future profession. So it is incorrect to believe that divorce will absolve you of responsibilities. Children’s rearing needs financial and emotional assistance, as well as affection. We cannot argue that children are entirely loved prior to divorce, but it is your obligation as parents to make them fully loved.


Parental access rights during a divorce:

Dissolution of a registered partnership, the ex-partners, maintain parental access rights to the children. If you have joint parenting responsibilities, you and your spouse must agree on care and access arrangements. If one of you lacks parental responsibility, the other retains parental access rights and the right to be informed about the children. In such circumstances, the parents work together to determine an access agreement. Your agreements will subsequently be integrated into the parenting plan.


Ex-partner does not follow through on care or access agreements:

If your ex-partner does disobey the access arrangements, you can try to settle jointly or seek the assistance of a mediator. As the last option, you might request that the court intervene. You’ll need to hire a lawyer who will file a preliminary relief on your side. In contrast, the court might order that your ex-partner must face the consequences (pay a fine each day or disobey the agreements.


Parental access privileges are being denied by the court :

If a parent physically or sexually abuses the child, this may be required. However, it may be healthier for the kid if a parent is refused access, either temporarily or permanently.

Simon was admitted as a Solicitor in 1993 after obtaining an Honours Degree in Law from Bond University. He joined OMB Solicitors in 1996 as an Associate and then became a Partner of the firm in 1999. Since becoming a Solicitor, Simon has worked in property law in a large range of transactional matters. His ability to communicate and apply lateral and commercial thinking enables him to build strong relationships with clients so that their needs can be met on an integrated basis. Clients often comment that Simon’s ability to think not only with the legal expertise but also with a practical and commercial knowledge has allowed them to conclude deals that may have otherwise been stalled or compromised with legalistic issues. It is this mixture of understanding the real estate business and the legal requirements that has developed his reputation as a market leader in the space. You can speak with Simon on LinkedInLinkedIn, or via the OMB Solicitors website.