Reaching an Agreement on Children’s Matters
If the relationship between the separated parents is amicable and there are no urgency or matters involving risk to the children, the most cost-effective way to resolve parenting or children’s matters is to reach your own agreement between yourselves and document your agreement in a Parenting Plan. The parties can work towards reaching an agreement by direct discussions and negotiations between them or via Family Dispute Resolution (FDR) with the assistance of an independent third-party FDR practitioner who is trained to assist parties to reach agreements.
A Parenting Plan is a written agreement which is voluntarily entered into by both parents and signed by them which sets out the parenting arrangements and other matters related to the the care, welfare and development of a child as agreed by them. It can be reviewed and varied by the parties as time goes on. Although a Parenting Plan is not an enforceable document like Court Orders, it can be taken into consideration by a Court in future proceedings.
If the parties have reached an agreement on parenting arrangements on a final basis, there is the option of filing a Form 11 Application for Consent Orders signed by both parties with the Court outlining the parenting orders that are agreed to in writing. If the application is approved by the Court and final parenting Court Orders are made, these will be legally binding and enforceable.
At Prime Law, our experienced family lawyers regularly prepare Parenting Plans and Consent Order applications for parenting matters. We can advise you of the most appropriate option for you in documenting the parenting agreements you have reached after considering the specific circumstances of your matter and will guide you through the process of documenting agreements reached in the most practical and cost-effective way.
Court Proceedings for Children’s Matters
There can be situations where Court proceedings for parenting matters are required and we can advise you when we consider it to be necessary for you to proceed with this step or if you are the respondent, how to adequately respond to an application served on you.
Some of the situations when Court proceedings may be necessary and required include but are not limited to the following:
- The parties have tried conferring, negotiating, and have attended FDR but have been unable to reach an agreement;
- Where the other parent has refused to return a child to the primary caregiver;
- Relocation matters (i.e. if one parent requires urgent Court permission to relocate or if a parent is concerned that the other parent is going to unilaterally relocate the child’s primary place of residence without consent);
- Where there are genuine concerns that the other party is going to unlawfully remove a child or children from Australia; and
- In situations where it may be unsafe for a child or children to spend time with the other parent for various reasons including but not limited to family violence, alcohol or drug use, mental health concerns, parental alienation, neglect, and abuse.
In circumstances of urgency or risk to a child/potential risk to a child, it is important to promptly obtain legal advice and representation as the safety and well-being of the children must be the top priority. Our experienced solicitors can provide advice in relation to these types of matters and can assist you to lodge an urgent application to the Family Court for interim and final parenting orders as quickly as possible (and if required, seek an FDR Exemption).
Various Practice Areas:
At Prime Law, we provide advice and representation on a range of different legal matters concerning children including but not limited to the following:
- Cases involving issues of disputed living and care arrangements;
- Matters involving domestic and family violence
- Intrastate, interstate, and international relocation
- Cases involving child abuse
- Disputes regarding education/schooling issues, medical or health related issues, change of name, and passports.
- Paternity disputes
- Rights of grandparents and other significant persons in a child’s life
- Child support and child support agreements (both limited and binding)
- Adult child maintenance matters
- International child abduction – Hague Convention
- Matters related to gender dysphoria
- Referral sources – mediation, counselling, therapists and single experts
Legal Advice and Assistance
Our family lawyers can provide you with practical advice regarding all your queries and decisions that need to be made concerning your children following separation. We have a range of experienced practitioners including Accredited Family Law Specialists who can provide you with legal assistance, support, and guidance from the commencement to the conclusion of your parenting matters whilst trying to resolve your matter as quickly and cost-effectively as possible.
The content of this website is informative only, it is not legal advice.