Children’s needs are often paramount to both parents going through separation or divorce.
That’s why non-legally binding parenting arrangements, known as Parenting Plans, usually suffice. However, if there is a dispute about the post-separation parenting arrangement, parents may need to attend a Family Dispute Resolution service for mediation. Here, a Parenting Plan can be drafted with the assistance of a third party, or parents can otherwise engage a lawyer to negotiate on their behalf. If the matter is unable to be resolved through mediation, or family violence makes this method unsuitable, an application to the Family Court of Australia or the Federal Circuit Court for Parenting Orders may be necessary. Parenting Orders, unlike Parenting Plans, are legally enforceable and, pursuant to the Family Law Act 1975, they are made in the best interests of the child or children concerned. Major considerations include protecting the child or children from physical or psychological harm from family violence and ensuring they maintain a relationship with both parents. In addition to Parenting Orders, parties can also enter into a Court Order by consent without appearing in Court.
Disputes can also arise between parents who have never lived together and can involve third parties with a vested interest in the child or children’s welfare, such as grandparents.
Fred & Kalouche Associates’ lawyers are well versed in family law, including children matters. We also appreciate the complexity of each family unit and the challenges this presents. We can help with everything from negotiating with your former partner to representing you in Court proceedings.
Contact us (02) 8062 6300 for specialist advice.