While both sides of the parenting coin may harbor ill feeling towards the other, generally it is the children who suffer the most from messy divorces and harsh custody battles.

The Family Law Act 1975 works to, foremostly, protect the rights of children, and further, ways to create meaningful relationships with both parents, post divorce.

Upon custody proceedings taking place, mediation to discuss the living and education of the children is the first step in the journey. Mediation is generally successful in reaching outcomes that suit both parental parties, as well as protecting the children from exceedingly disrupted arrangements that can have lasting, damaging affects on them. However, if this doesn’t work, or one party fails to appear at the scheduled meeting, it can be an early sign that future proceedings could be tumultuous.

In some unfortunate circumstances further down the road, either parent might resort to filing Family Violence Orders or filing for sole custody of their children if necessary, and in turn, access to children could be restricted from one parent. This outcome, while sometimes required, is most often detrimental to the child stuck in the middle. Ultimately, this is why mediation, and other forms of Alternate Dispute Resolution are crucial avenues to build a foundation for peaceful co-parenting and keeping children out of court.