In the best interest of the child…

Looking after your children during the divorce

It’s been on tough on you, and it’s been tough on him – but imagine how tough it’s been on the children! How have they been dealing with the fighting, with the ‘trial’ separation, and now the divorce? Not just emotionally, but also mentally. Do they really understand?

You’ve shuffled them between your place and his for weeks on end, declared your right to have them on weekends and over the holidays – and of course none of this is because you’ve wanted to, but rather you’ve had to. It’s the only way to be fair on him, and fair to you. But what about them – the children?

All this time it seems as though they’re taking it well. Sure there’s been the odd complaint and grumble, but they’re adjusting to the new living arrangements.


“How long is this gonna be for?” they ask you innocently, and all you can say is “It’s just for now sweetie. Just while dad and I sort a few things out.”

But realistically, it’s not going to be for the short term – this is going to be how it is for the rest of your life. This is going to be the rest of their life.

When it comes to divorce, it’s never easy – for anyone. By the time you’re reading this post, you probably already know that the law puts the best interest of your children first.

In fact, the law provides that you and your spouse are responsible for the care and welfare of your children until they turn 18 years, and that generally the best interests of your children involve both of you taking shared responsibilities for their care and welfare. In determining what is in the best interest of your children, the court will consider what is the benefit that your children will enjoy from having a meaningful relationship with you and your spouse and whether your children need to be protected from physical or psychological harm.

When you engage our services, we will assess your situation against these considerations as well as other considerations that the court may address if relevant to you and your children. Our objective (and if appropriate, subjectively) assessment will help you determine what is in the best interest of your children as seen by the court so that you can better predict the likely outcomes if you had to go to court. Armed with this knowledge, you can then approach any negotiation with your spouse regarding your divorce and the ongoing care and welfare of your children with greater confidence.

A personal invitation

Ern Phang

Before choosing any professional adviser, I encourage you to base your decision on more than just a price. Price does not always equate to value, service or long term cost savings – and not every lawyer you speak to will have the ‘bedside manner’, empathy or commitment necessary to help you on this challenging journey.

With Phang Legal, you benefit from practical and cost effective advice, recommendations and solutions. My aim is that we will be one of your most trusted and valued professional advisers. My team’s dedication to service and results means you will enjoy confidence and peace of mind while we look after what’s best for you and those important to you. Living through a relationship breakdown is difficult, and normally obtaining legal advice and support is an expensive exercise. My hope is our professional advice and objective opinion will help steady you during this difficult time – after all, even if your relationship is over, you’re still entitled to be treated fairly and with respect.

If you want to know more about Phang Legal or our services, please contact me and my team on +61 2 9687 8885 or you can email us here.

I look forward to being of service.

Ern Phang
Director