PARENTING MATTERS

We can assist you to reach arrangements for your children by Consent Orders, parenting plans or Court Orders.

The first step when dealing with parenting matters is to attend family dispute resolution, otherwise known as mediation. This process allows the parents to work out the long term arrangements for the children with the assistances of a mediator, who is impartial and there to assist the parents.

If an agreement is reached, then a parenting plan will be drafted, however this is not a legally binding document and cannot be enforced. The parenting plan may be persuasive to the Court if one parent decided to file an Application to the Court. That parenting plan can then be drafted into Consent Orders for final Orders, which are sent to the Family Court for approval by the Registrar. 

If no agreement can be reached at mediation then a Section 60I Certificate will be issued and this will allow either parent to file an Application to Court to seek Orders in relation to the children.

When considering the arrangements for the children, their best interests are the paramount consideration and ensuring they have a meaningful relationship with both parents, as long as they are not at risk of being exposed to family violence, sexual abuse, and physical abuse or other risks. 

The first consideration with parenting matters is determining if equal shared parental responsibility is appropriate which is about the parents making long term decisions for the children, such as education, health and religion. Other considerations when determining arrangements for the children is how many nights they will spend with each parent dependent upon the age of the children, special occasions, school holidays and telephone/Facetime/Skype communication. 

We can assist with recovery Order if one party unilaterally withholds the children from a parent. We can also assist with relocation matters if one parent wishes to move away with the children which will impact on the other parent’s time with the children.