A mini podcast by the Australian Broadcasting Corporation (“ABC“) presented by Angus Randall reported that explaining to children the decision to separate is “one of the toughest dilemmas” faced by couples[1].
Misinformation on the internet and lengthy wait times for professional assistance have been identified as two of the major issues.
Here at Nevett Ford Lawyers Melbourne, we endeavor to provide you with legal assistance and advice in a timely and professional manner, but supporting the personal communication side of life is a Government funded program called Triple P[2] is designed to help parents navigate their emotions through these difficult times.
Triple P
Triple P is a free online program providing emotional support to families going through separation. Their ‘separation or divorce’ course is personally designed to cater to the individual needs for each family by providing assistance with parenting skills, managing emotions, and building communication skills to effectively co-parent, to name a few.
This is one of the many organisations offering support to families in need. A list has also been provided by the Federal Circuit and Family Court of Australia (“the Family Court“) addressing ‘separation and stress’[3].
Court and kids
The Family Court has identified the following needs of the child/ren to help them cope during a separation[4]:
- The reassurance that they are still loved and are allowed to love both parents;
- The emotional wellbeing of a parent to assist the child/ren cope with the divorce;
- Be sympathetic and listen to the child/ren without judgment and opinions, allowing them to feel heard;
- Speak to other professionals such as a teacher to help aid the child/ren so that they understand the situation;
- Keep the child/ren out of arguments to avoid them being negatively impacted, for example, complaining about your ex-partner or denigrating them; and
- Prioritise what is best for your child and their wellbeing.
Part VII, Section 60CC[5] of the Family Law Act 1975 enables the Court to make Orders for the care and welfare of the children in Australia (except Western Australia) with the ‘best interest of the child’ being the paramount consideration. The considerations in determining the best interest of a child include:
- Promoting the safety of the child/ren, as well as the person taking care of the child/ren from being subject to or being exposed to family violence, abuse, neglect or other harm;
- Consideration of any views being expressed by the child/ren of appropriate age;
- The developmental, psychological, emotional and cultural needs of the child/ren;
- The capacity of parent to provide care for the child/ren’s developmental, psychological, emotional and cultural needs;
- The relationship of the child/ren and their parent/s and the benefit and safety of that relationship; and
- Any other factors relevant to the child/ren.
Court Orders
In the event parents are unable to co-parent amicably via informal arrangements or parenting plans, the Court will make appropriate parenting orders to ensure the care, safety and welfare of the child/ren are of a satisfactory nature.
If you are recently separated or currently engaged in parenting proceedings/negotiations and have any questions, please contact our experienced Family Law Team on 03 9614 7111 or email melbourne@nevettford.com.au.
[1] https://www.abc.net.au/listen/programs/am/more-support-for-parents-going-through-divorce/104005588
[2] https://www.triplep-parenting.net.au/au/triple-p/
[3] https://www.fcfcoa.gov.au/fl/pubs/separation-stress
[4] https://www.fcfcoa.gov.au/fl/children/overview#:~:text=They%20will%20worry%20less%20if,child%20to%20do%20the%20same
[5] https://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/fla1975114/s60cc.html