Parenting Matters - Brazel Moore Lawyers
Dealing with whom the children shall live with and spend time with (formerly known as child custody, contact and visitation) after separation can be an emotionally difficult time. There is no such thing as Child Custody and Visitation in the Family Law Act and the Family Law Courts however, Custody is still used by people when they talk about where the child or children will live and what time they will spend with the other parent.
At Brazel Moore Family Lawyers, we have Child Custody Lawyers (Family Lawyers), who will provide you with practical, down to earth advice with care and compassion. Call now to book your Family Law Advice initial consultation at a special reduced rate.
How do parents formalise parenting arrangements for their children after separation?.
If you and the other parent are able to come to agreement on parenting arrangements (‘child custody’), you are able to apply for what is known as ‘Consent Orders’ with the Family Court in order to formalise your agreement.
The Family Law Act 1975 requires that parents who cannot reach agreement on parenting arrangements (‘child custody’) matters seek Parenting Orders from the Court but must firstly attempt to resolve the dispute by attending Family Dispute Resolution (unless they are exempt in limited circumstances of urgency and/or risk to the children). This is a session between the parties to discuss your child custody rights.
If no agreement is reached at Family Dispute Resolution, then an Application may be made by either of the parties to the Court seeking Orders from a Judge.
If agreement is reached, a document known as a Parenting Plan may be prepared and signed by both parents.
A parenting plan can be changed with the agreement of both parties as the children grow and circumstances change.
The disadvantage of a parenting plan is that it is not enforceable by a Court.
If you and the other parent are able to reach agreement about child custody arrangements (‘parenting arrangements’), you should seek the assistance of a child custody attorney to advise you as to whether you should seek the agreement be formalised by way of Consent Orders by the Court.
A Consent Order must be made with consent of both parties and can only be varied by a subsequent parenting plan agreed to and signed by the parties or an order from the Court.
The advantage of a Consent Order is that it can be enforced against the other party by the Court.
If you need assistance with parenting arrangements for your children (formerly known as Child Custody, Visitation or Contact), you should seek assistance of an experienced Child Custody Lawyer. Call us now on 1800 087 934.
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