Hi there. From the information you provided, it appears that your new partner and her ex-husband are currently in the middle of court proceedings to obtain a property settlement in relation to their separation or divorce, as well as a parenting order in relation to their children.

A parenting order is an order made by a court specifying the care arrangements for children. It may deal with who the children will live with, how much time they will spend with each parent, the allocation of parental responsibility, how the children will communicate with each parent, and any other aspect of the children’s welfare and development. In making the order, a court must be satisfied that the parenting order is in the best interests of the children.

Your presence in the children’s lives, as the mother’s new partner, is not likely to significantly disrupt these court proceedings or otherwise jeopardise the parenting order that will be made. However, the court may be interested in your relationship with the mother and how much involvement you have had (and will have) in the children’s lives. This will help the court understand the family circumstances and decide what parenting arrangements are in the children’s best interests.

The children’s father may raise objections to your involvement in the children’s lives if it is somehow contrary to their best interests. If you live far away from the father (i.e. in another city or interstate), the father may also raise an objection if the mother intends to relocate the children to this new location. The law places restrictions on relocating children away from one parent.

Suggested way forward

From the information you provided, it seems unlikely that your involvement in the children’s lives will negatively affect the court proceedings between your new partner and her ex-husband. If you want more specific advice about your situation, you should consider speaking to a family lawyer who can advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.