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Parenting Arrangements
Undoubtedly one of the hardest things about separation is working out a parenting arrangement that is in the best interests of the children. Most of the time this can be achieved with some good legal advice and goodwill mediation and/or negotiation, avoiding timely and costly Court processes.
Initial Advice
The first step is to get some initial legal advice. This will help you better understand the law surrounding parenting of children in post-separation situations and give you an idea on what arrangements might be appropriate for you and your family. An initial consultation with one of our solicitors is $330 (inclusive of GST) for approximately one-hour of advice specific to your circumstances.
Mediation
The next step is to participate, or attempt to participate, in Family Dispute Resolution (mediation). This step is usually mandatory unless there are exceptional circumstances such as family violence or urgency. If mediation is unsuccessful then you will be provided with a Certificate that then allows you to file an application with the Family Courts any time in the following 12-month period. However, before you consider filing an application we strongly suggest you seek further legal advice to discuss other options that may be available to you, including further mediation or negotiation with the assistance of a lawyer.
Reaching an Agreement
When you do reach an agreement about your children, you should document that agreement so that you have something to refer back to. There are two main types of written parenting arrangements:
- Parenting Plan – an agreement reached between parents (usually with the assistance of a mediator and/or lawyers) about who the children will live with, who they will spend time with and how the parents will otherwise deal with the care of their children. Parenting plans are not legally enforceable but are often a great option for those is more amicable situations or in early stages.
- Consent Orders – a legally binding and enforceable parenting agreement that is filed with and approved by the Court. We strongly suggest the involvement of solicitors before filing for consent orders as there are strict laws limiting the ability to change orders (unless by consent) into the future and so you want to ensure you have everything covered.
You should keep in mind that a written parenting plan and/or consent orders is a fall-back position. If you and your child’s other parent want to come up with different arrangements from time to time then you are able to do that, having the written agreement to fall back on if you have future disagreements.
Going to Court
Court is usually reserved for urgent matters or as a last resort when negotiations break down.
Urgent situations might occur when one parent is not spending time with a child, where one parent has moved away with the child without the other parent’s permission, where one party is threatening to travel overseas with a child or where there is risk of harm to the child. If you simply cannot reach an agreement about parenting arrangements, sometimes it is necessary to seek the Court’s assistance.
Our solicitors are very experienced in court matters and whether you are an applicant to proceedings, or a respondent, we can help and guide you through this process.
Things to Consider
There are a number of considerations to be made when determining a parenting agreement including the best interests of the child, protection from harm, any history of family violence, any cultural background, any misuse of drugs and alcohol by either parent, a child’s wishes, parental capacity and more.
The team at Insight Legal Solutions can help you better understand how all of these considerations interact and to work out what is important in your particular matter. We can then assist you with mediation, negotiation, documentation of any agreement reached and, if necessary, represent you in Court proceedings.
What Our Clients Say
Thank you for what you have done for my girls and I over the last 2 and a half years. Knowing I have full support and validation from a professional has helped in more ways than you can imagine. Attached are two photos of the kids you have helped protect today. You have helped them have stability, consistency and a happier world to live in.
SMParenting Matter
I would highly recommend Michala and her team. They are extremely professional and provided us with the most valuable support during our family court proceedings. We engaged Michala at an extremely stressful time in our lives and her empathy and approach to working with us could not be appreciated more. And in the end, Michala and her firm got us the best outcome we could imagine
AJParenting Matter
Your professional service, genuine feedback and support throughout our case is greatly appreciated.
KSParenting Matter
Thank you for all your hard work over the last few months, thank you for being so calm and compassionate and non judgmental. Thank you for a great outcome but most of all thankyou for being a solid steady logical voice of reason. Greatly appreciated Lucy.
NSParenting & Property Matter
Just want to say thank you very much for all the work and hours that yourself and Michala has put into this case. I would recommend your firm to any father that’s been through what i have had to endure. I am forever grateful.
ATParenting Matter
Thank you so much for everything you’ve done to help us with our family law matter. You’re amazing at what you do and we couldn’t tell you enough how much we appreciate all your work and support
JGParenting Matter
