CHILD CUSTODY AND PARENTING ORDERS

Each parent has parental responsibility for their children until aged 18 years. Parental responsibility is not affected by changes in the parents’ relationship; for example, if you separate or remarry. However, following separation many parents find it difficult to agree on issues related to children. Who will the children live with? Which school will they go to? Which part of the school holidays will they spend with mum and which one with dad? What afterschool activities will they attend?

What is a parenting order?

A parenting order is a set of court orders about parenting arrangements for a child. A court can make a parenting order on the basis of an agreement between the parties (known as Consent Orders) or, if the parents cannot agree, after a court hearing.

When making a parenting order, the court must consider what’s in the children’s best interests. The starting point for the court is a presumption that it’s in the children’s best interests for parents to have equal shared parental responsibility unless there has been child abuse or family violence.

Equal shared parental responsibility is not the same as equal parenting time.

Before you apply to a court

Before you file an application for parenting orders you are required to read the Marriage, Families and Separation Brochure.

Trying to resolve issues through negotiations or mediation may cost you less in money, time and emotion. An amicable agreement improves its chances of being long lasting and readily observed by the parties.

The Family Law Act requires you to make a genuine effort to resolve the matter by family dispute resolution. Section 60I of the Act requires that an applicant obtains a certificate from a registered family dispute resolution practitioner before a parenting application is filed.

If there is a history of family violence or child abuse, it may not be appropriate to attend family dispute resolution.

Parenting Plan or Consent Orders?

If you have reached an agreement on parenting arrangements for your children, how do you formalise it? Generally, there are 2 options: Parenting Plan and Consent Orders. We can help you with both. What’s the difference between the two? If you want to make the agreement legally binding you will need to apply to the Family Court of Australia for consent orders.

Urgent applications

We are often instructed to help our clients with getting urgent parenting orders. In extremely urgent situations we can seek an urgent order to be made ex parte. This means the Court would deal with the matter immediately and without notice to the other party. For more information about Urgent Family Court Applications please click here.

How Can We Help?

We have wealth of experience dealing with parenting matters. We apply our experience and knowledge to guide you through difficult times and help resolve parenting issues as quickly, amicably and effectively as possible. We will:

• provide you with the advice on legal aspects of child custody, parenting orders and shared parental responsibility and will answer any questions you may have;
• will negotiate the best possible outcome that would work for your children and yourself;
• work on terms of an agreement to formalise the achieved compromise between you and the other party;
• file for Consent Orders; or
• represent you in court proceedings if there is no agreement.

For more information on child custody, parenting orders and shared parental responsibility or contact us on info@consortfamilylaw.com or call (02) 8003 3013.