PARENTING ARRANGEMENTS
When a relationship ends, irrespective of whether the parties are married or not – the law expects parents to place the best interests of their children ahead of their own and agree on parenting arrangements that enable the children to spend substantial time with both parents. The exception to this general rule is where the children would be at risk of harm or where it would not be reasonably practicable for such arrangements to occur.
At Cargill Family Law, our head litigator Rachel Jones has the expertise and experience to provide you with clear advice as to what parenting orders the Court would be likely to make in all of the circumstances of your case and to guide you through the process – which may be as simple as assisting you to negotiate a parenting plan with your ex-partner.
In the event that the circumstances of your case justify the commencement of legal proceedings, we will work tirelessly to ensure that all important evidence is put before the Court and will advocate strenuously on your behalf to ensure that the best interests of your children are safeguarded.
At Cargill Family Law, our head litigator Rachel Jones has the expertise and experience to provide you with clear advice as to what parenting orders the Court would be likely to make in all of the circumstances of your case and to guide you through the process – which may be as simple as assisting you to negotiate a parenting plan with your ex-partner.
In the event that the circumstances of your case justify the commencement of legal proceedings, we will work tirelessly to ensure that all important evidence is put before the Court and will advocate strenuously on your behalf to ensure that the best interests of your children are safeguarded.
WHAT IS A PARENTING PLAN?
Parenting plans are simply written agreements between two separated parents concerning the ongoing care of their children – that has been signed by both parents. Parenting plans may be brief or very detailed and can be changed by consent over the course of time to accommodate the changing needs of the children involved.
Parenting plans will usually set out a timetable covering the amount of time that the children will spend with each parent and the process for making all significant decisions concerning the children’s care such as: what school they will attend, what religion they will identify with, what medical treatment they will have etc.
Whilst parenting plans are not legally enforceable – they may be taken into account by a court in the event of a dispute in the future. As such, you shouldn’t agree to a parenting plan which you genuinely believe is not in the best interests of your children - or is logistically very difficult to follow on a long-term basis.
Parenting plans will usually set out a timetable covering the amount of time that the children will spend with each parent and the process for making all significant decisions concerning the children’s care such as: what school they will attend, what religion they will identify with, what medical treatment they will have etc.
Whilst parenting plans are not legally enforceable – they may be taken into account by a court in the event of a dispute in the future. As such, you shouldn’t agree to a parenting plan which you genuinely believe is not in the best interests of your children - or is logistically very difficult to follow on a long-term basis.
FAMILY DISPUTE RESOLUTION
Family Dispute Resolution is an informal mediation between two separated parents before a trained mediator. The purpose of FDR is for the parents to reach an agreement concerning the ongoing care of their children.
Family Dispute Resolution (FDR) services are offered by a number of community organisations and private mediators. Such services are provided to assist parents to iron out any areas of disagreement concerning the ongoing care of their children.
Prior to attending FDR, the parties will usually be required to attend an information session (at separate times) for the purpose of being educated about the importance of co-parenting constructively and without conflict.
The Family Law Act requires parents to attempt FDR before commencing family law proceedings. Exceptions will be made if the matter was deemed unsuitable for FDR (usually as a result of family violence) or in the event of urgency.
Regardless of the circumstances, it is highly advisable that each party obtains independent legal advice before attending FDR or private mediation so that they can obtain an understanding of the law as it applies to them and gain an appreciation of what orders a Court would be likely to make in all of the circumstances. Find out more about how we can assist you prepare for your Family Dispute Resolution conference. Click here.
Family Dispute Resolution (FDR) services are offered by a number of community organisations and private mediators. Such services are provided to assist parents to iron out any areas of disagreement concerning the ongoing care of their children.
Prior to attending FDR, the parties will usually be required to attend an information session (at separate times) for the purpose of being educated about the importance of co-parenting constructively and without conflict.
The Family Law Act requires parents to attempt FDR before commencing family law proceedings. Exceptions will be made if the matter was deemed unsuitable for FDR (usually as a result of family violence) or in the event of urgency.
Regardless of the circumstances, it is highly advisable that each party obtains independent legal advice before attending FDR or private mediation so that they can obtain an understanding of the law as it applies to them and gain an appreciation of what orders a Court would be likely to make in all of the circumstances. Find out more about how we can assist you prepare for your Family Dispute Resolution conference. Click here.
PARENTING ORDERS BY CONSENT
In circumstances where the parents have reached agreement as to the parenting arrangements – but require more certainty and legal enforceability – the best option may be to apply for parenting orders.
Consent Orders tend to work well in circumstances where the parties find ongoing communication difficult and would prefer a detailed set of parenting orders that covers all aspects of the ongoing care of the children.
This process involves submitting a detailed application alongside proposed parenting orders to the Family Court. In the event that a Registrar of the Family Court is satisfied that the proposed orders are in the best interests of the child / children and are reasonably practicable – the parenting orders in the proposed form will usually be made.
Consent Orders tend to work well in circumstances where the parties find ongoing communication difficult and would prefer a detailed set of parenting orders that covers all aspects of the ongoing care of the children.
This process involves submitting a detailed application alongside proposed parenting orders to the Family Court. In the event that a Registrar of the Family Court is satisfied that the proposed orders are in the best interests of the child / children and are reasonably practicable – the parenting orders in the proposed form will usually be made.
COURT PROCEEDINGS
In some circumstances it may be necessary for legal proceedings to be commenced for the purpose of obtaining parenting orders. Often such applications arise when one parent seeks to prevent or restrict the other parent’s time with their children -with or without justification.
In deciding such disputes, the Family Court’s paramount concern is always ‘the best interests of the child’.
There are a wide range of factors that the Court will consider before making final parenting orders. Key considerations are the benefits to the children of having a substantial and meaningful relationship with both parents. Such considerations are however carefully balanced against the need to protect children from an unacceptable risk of physical or psychological harm.
Other relevant factors may include:
Contested parenting disputes are always heart wrenchingly difficult. In such matters, we will provide you with the advice, expertise and compassion that you will need to navigate the court process and to obtain an outcome that is in the best interests of your children and is logistically practical for you.
In deciding such disputes, the Family Court’s paramount concern is always ‘the best interests of the child’.
There are a wide range of factors that the Court will consider before making final parenting orders. Key considerations are the benefits to the children of having a substantial and meaningful relationship with both parents. Such considerations are however carefully balanced against the need to protect children from an unacceptable risk of physical or psychological harm.
Other relevant factors may include:
- Any views expressed by the children, having regard to each child’s maturity and level of understanding
- The nature of the children’s relationship with each parent
- The level of involvement that each parent has had with the children’s upbringing to date
- The extent to which the parents have fulfilled their parenting obligations to date in providing support to the children
- The likely effect of any changes to the children’s living arrangements on the children
- The practicality of any proposed parenting arrangements from a logistical perspective
- The capacity of each of the parents to provide for the children
- The need to preserve the children’s connection to their cultural background and traditions so far as possible
- The impact of any family violence.
Contested parenting disputes are always heart wrenchingly difficult. In such matters, we will provide you with the advice, expertise and compassion that you will need to navigate the court process and to obtain an outcome that is in the best interests of your children and is logistically practical for you.
