Parenting Arrangements

In circumstances where separation has occurred and there are children involved, you and your ex-partner will need to discuss spend-time arrangements for the children.

Should these spend time arrangements need to be formalised, this can be done without the need of having to go to court and through either a parenting plan or through consent orders.

Both documents may deal with any of the following:

• Who the children will live with;
• How much time the children will spend with each parent and with other people, such as grandparents;
• How the children will communicate with a parent they do not live with;
• Any other aspect of the care, welfare or development of the child.

A parenting plan is an informal document and is not legally binding. However, if an application is made to a court for parenting orders the court will have regard to the arrangements entered into in the agreement. Consent orders however, outline the parenting arrangements of the parties and are filed with the Family Court of Australia. Should a party breach any of the orders a court can impose wide range of penalties.

In the event that both parents are unable to reach an agreement, the parties should attend mediation in order to obtain a mediation (section 60I) certificate. This certificate is required before a party can file proceedings with the Family Courts.

If court proceedings are necessary, we can represent you in court and guide you through the process. Our expertise in appearing in a wide range of parenting matters including recovery orders, contravention applications and child abduction cases will ensure we achieve the best possible outcome for your children.