When a relationship comes to an end, it’s often an emotional time. You might find yourself dealing with grief at the end of the relationship, as well as financial stresses and general uncertainty about the future.
If there are children of the relationship, it can add an extra level of complexity. At Brooke Winter Solicitors, we are often consulted about separation or divorce involving children. So, we’ve put together a bit of general information about what happens when you’re separating from a spouse with children.
We hope it provides a useful starting point to help you understand your options. Note that if you’re in this situation, it’s a good idea to obtain specific legal advice.
How Do Children Affect Separation?
When you’re separating from a spouse with children under 18 years, you need to consider parenting arrangements. Although it can be difficult to work with your ex-spouse on this, you do need to reach an agreement before divorce can be granted.
Your parenting arrangement will also affect other decisions relating to your separation, such as property settlements and maintenance payments.
What is a Common Outcome?
The law currently says that it’s in a child’s best interest to see both parents, unless doing so would expose them to violence or child abuse. This means that it’s common for both parents to have time with the child.
Often, younger children end up spending more time with the mother. There are many reasons for this. For example, the mother might be breastfeeding.
Older children (from late primary school onwards) often end up living equally between each parent’s home. They might have a room in each parent’s house, with a subset of their belongings, and transition from place to place on a regular routine.
How Can I Make This Easier On My Kids?
It’s a good idea to limit children’s awareness of court proceedings. In fact, the court often orders parents not to discuss court proceedings with their children.
Sometimes, the court will ask an independent person to speak with the children to hear their views. In many situations, though, where it’s safe, it’s best for children to have access to both parents. It can also be reassuring for children to be able to stay at the same school if they can.
Separation is a difficult time for everyone. If you’re able to limit your child’s exposure to any disputes with your ex-spouse, this can help reduce their stress.
Contact our family lawyers today for advice.
When you think about things that are illegal, you might think about theft or murder. Most people are aware of what kinds of offences might fall under these categories.
But, many people who find themselves charged with an offence didn’t realise that they were committing one. Lesser-known laws can trip people up. It pays to be aware of these kinds of laws, as you can’t plead ignorance if you are charged.
One commonly misunderstood offence in Queensland is public nuisance. Here are some quick facts about public nuisance offences.
Public nuisance charges generally follow a situation in which someone has behaved in a disorderly, threatening, offensive or violent way in a public place. Or, they might be interfering with the enjoyment another person can have in the public place.
In other words, a public nuisance offence springs from the impact of someone’s behaviour on the people around them. Often, charges follow situations in which someone is fighting, arguing or shouting in public.
As you can imagine, alcohol is a factor in some public nuisance situations. Penalties for public nuisance offences are greater when a person commits an offence outside licensed premises.
When someone is charged with public nuisance, they might be fined. In some situations, though, police might issue a notice to appear in court. The maximum penalty is a $1100 fine or six months imprisonment. But, the maximum fine is higher outside licensed premises, at $2750.
Of course, it’s best to avoid situations that could lead to this kind of charge. Most public nuisance offences happen in the heat of the moment. A few minutes of things being out of hand can have a lasting impact.
To avoid trouble, it’s a good idea to stay peaceful and calm when you’re in public. This can seem easier said than done, particularly in challenging situations. But, if you find yourself confronted or angry, it’s often best to just walk away. It’s particularly a good idea to be polite and courteous when you’re around police officers and security guards, or outside a licensed venue.
If you find yourself feeling wound-up in public, it’s a good idea to remove yourself from the situation. In doing so, you just might be dodging a hefty fine.
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