One of the most difficult aspects of divorce is concern for children's welfare and future. 

The Family Law Act states that children have the right to know and be cared for by both parents regardless of the parents' marital situation. 

This is on the condition that this would not be contrary to the children's best interests. 

The Act also provides for children to have the right of contact on a regular basis with their parents and other people significant to their care, welfare and development. The Family Court must take into consideration a list of factors in determining what is in the best interests of the child. 

It is often necessary when parties separate for there to be a Court Order determining such issues as:

• With whom the children shall live?
• Who has day to day responsibility for the care, welfare and development of the children?
• Who decides where the children go to school?
• Who decides the religion of the children?
• Who decides which medical practitioner the children should consult when sick?

These and other decisions are matters which, if parents are in conflict, can be decided by the Family Court and the Federal Magistrates Court upon Application by the parties.