Fair Dinkum Legal is a document preparation platform, not a law firm. This information is general in nature and does not constitute legal advice.
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Just Separated – What Do I Do
Short Answer
The early decisions you make after separation can affect parenting arrangements, property, and court outcomes. You should get advice before moving out, agreeing to arrangements, or going to mediation.
The decisions you make in the first few weeks after separation can affect where you live, how often you see your children, and what happens later in court.
Many fathers move out without a parenting arrangement in place and then struggle to re-establish regular time with their children. The arrangement that exists in the weeks after separation often becomes the baseline the court looks at when making interim orders.
Early Decisions That Matter
- Moving out of the home
- Parenting schedule and time with children
- How you communicate (keep it in writing)
- Preparing for mediation
- Gathering evidence
- Whether to file an application and when
The Legal Position
Parenting decisions are made under s 60CA (best interests) and s 60CC (factors). Mediation is required under s 60I before filing a court application in most cases. Courts often look at the existing care arrangements when making interim parenting orders. If one parent has the children most of the time for several months, that arrangement may continue on an interim basis.
What You Should Do Next
- Get advice before moving out — moving out without arrangements can affect your position
- Establish a routine with your children as early as possible
- Keep all communication in writing (email or text only)
- Prepare for mediation — it is required, and preparation matters
- Understand the court timeline so you can act at the right time
The early stage of separation is where most cases are shaped. Our platform helps you prepare documents, position statements, and communication from day one.
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See separation statistics →Fair Dinkum Legal is a document preparation platform, not a law firm. This information is general in nature and does not constitute legal advice.
Read full disclaimer →