Parenting Arrangement Lawyers

If you have reached agreement, even if the co-parenting relationship is amicable, we recommend formalising any care arrangement in writing. This provides clarity and can prevent future disputes.

You have two options:

Parenting Plan

A Parenting Plan is a written, dated and mutually signed agreement, that outlines:

• Who the child will live with
• How and when the child spends time with each parent
• Communication between parents
• Decision-making about major long-term issues

Parenting Plans are not legally binding. If a parent breaches the plan there are no legal penalties, although the Court must consider the terms if parenting Orders are later required.

Consent Orders

Consent Orders are formalised by the Court and have the same legal standing as Orders made during litigation. The Court must be satisfied the proposed Orders are in the child’s best interests.

Consent Orders are binding and enforceable. If breached, consequences include:

• Make-up time for the affected parent
• Legal costs
• Fines
• In serious cases, imprisonment

If both parents cannot agree, the law requires you to attempt Family Dispute Resolution (“FDR”)  before going to Court.

This is a form of mediation conducted by a Family Dispute Resolution Practitioner (“FDRP”) aimed at helping parents reach agreement without litigation.

After FDR, you will receive a Section 60I Certificate, which is required before applying to Court unless an exemption applies.

The certificate will indicate:

1. one party refused to attend the Family Dispute Resolution;
2. FDR was deemed inappropriate;
3. both parties attended and made a genuine effort;
4. one party did not make a genuine effort; or
5. FDR started but was discontinued as it was inappropriate.

If FDR is unsuccessful or not appropriate, and you have obtained a Section 60I Certificate (or you are exempt), the next step is to provide a Notice of Intention to Commence Proceedings to the other parent.

This notice must include:

• a summary of the issues in dispute;
• the orders you want made;
• a genuine offer to resolve the issues; and
• a timeframe of at least 14 days for the other party to respond.

If no resolution is reached, you may apply to the Court for Parenting Orders.

Every family is different. Whether you are working cooperatively with your ex-partner or dealing with high-conflict issues, our family lawyers at Brazel Moore are here to provide clear advice and effective representation.

All parenting decisions, whether made by agreement or by the Court, must prioritise the child’s best interests.

The Court will consider:

• the safety of the child and caregivers;
• any views expressed by the child, depending on age and maturity;
• the developmental, psychological, emotional and cultural needs of the child;
• each parent’s ability to meet those needs;
• the benefit to the child of being able to have a relationship with their parents and other people significant to the child (where safe);
• any history of family violence, abuse or neglect;
• any existing family violence orders;
• the child’s right to enjoy their Aboriginal or Torres Straight Islander culture, where applicable; and
• any other relevant circumstances.

Even when parents agree, it is important to seek legal advice to ensure proposed arrangements reflect your child’s needs – both now and into the future. Bottom of Form

Parental responsibility refers to all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children.

Unlike in the past, there is no presumption of equal shared parental responsibility.

In the absence of a Court Order saying otherwise, both parents retain joint parental responsibility, meaning they must consult each other on major decisions unless one parent is granted sole parental responsibility.

These are significant decisions about a child’s care and development, including:

1. education;
2. religious and/or cultural upbringing;
3. health and medical treatment;
4. the child’s name;
5. living arrangements that may affect time with the other parent; and
6. any other significant long-term issues.

Where it is safe to do so, the law encourages children to have substantial and meaningful time with both parents.

This time may include:

• Weekdays and school time;
• Weekends and holidays;
• Special occasions (Christmas, birthdays, Mother’s Day/Father’s Day); and
• Days that allow the parent to be a part of their child’s daily routine.

Each arrangement is assessed on a case-by-case basis, with the child’s best interests at the core.

In some situations, you may apply to the Court without attending FDR.

Exemptions apply if:

• if your matter is urgent;
• if the Court is satisfied there are reasonable grounds to believe that:

• there has been child abuse or family violence by a party;
• there is a risk of abuse or family violence
  • where a party is unable to participate effectively in Family Dispute Resolution; or
  • you are responding to a serious breach of existing Parenting Orders that were made within the last 12 months.

If you are seeking an exemption from filing a section 60I certificate, you will be required to file additional evidence as to why the exemption should be granted.