Bill Judd is a new client. He has been married to his wife, Felicity, for 15 years. They have two children: Lachlan, aged 14 and Louise, aged 12. Felicity has taken on the main carer role throughout the marriage and while Bill has certainly been involved with the children's care, he has always worked full-time. Bill tells you that the last 2 years of the marriage have been rocky. Last week, Felicity confessed to him that she had an affair 12 months ago but that it was over now. He feels that there is no love left in the marriage. They have been to marriage counselling, but Bill feels that the writing is on the wall and that it's all over. He feels that they are already separated but living under the one roof and he feels he should move out. However, he wants a bit of 'pre-emptive' advice so that he is in a better position to know what to expect in relation to the children if they can't agree on what should happen. He raises the following issues:

a) Can he go straight to Court and seek orders in relation to the children if he and Felicity cannot agree on what should happen and, if he does go to Court, what process does the court follow when hearing parenting matters?

b) His friend told him that he is entitled to at least 50/50 time with the children and that the Family Law Act makes 50/50 time automatic. Is that true?

c) He believes that because of Felicity's affair, the Court is likely to see her as an unfit mother which will favour him in any proceedings and will order that the children live with him. Is that true?

d) Whatever happens, he is determined that Lachlan should live with him, even if Louise stays with her mother. He has always been close to Lachlan. He also says that Lachlan has told him 'I don't want to live in a house full of girls.' He has heard that now Lachlan is 14, the Court must decide in line with Lachlan's wishes.

e) Bill tells you that he is a devout Catholic and goes to church every Sunday but Felicity is an atheist. He wants to know if this will help his case and if he can insist on the children attending a Catholic school.

Advise Bill