Parenting Arrangements
Separation is a difficult time for everyone involved, particularly when children are caught between parents in dispute. A family lawyer can assist you with negotiating your parenting arrangements following separation and advise you about the law as it relates to children.
Through listening to you and working with you, we can help you work out what living arrangements will be in the best interests of your children. We can also refer you to appropriate private and community-based services that are able to assist you and your family with the changes following separation.
Under the Family Law Act, there is a presumption that parents will share parental responsibility equally with the exception of situations of family violence or where it would not be reasonably practicable. The most important consideration when deciding on the living arrangements for children post-separation, is what is in the children’s best interests.
Formalising arrangements in relation to children can be implemented in one of two ways;
1. Parenting Plan; or
2. Consent Order through the Family Court.
Each method has different advantages and disadvantages and it is important you receive advice about your options if you have reached an agreement with the other parent. Parenting Plans are not binding and do not have the same force as Consent Orders. A Consent Order is binding, is far less flexible and has consequences if breached. Each situation is different and we can provide you with advice on the best options to suit your needs.
Parents are encouraged to make living arrangements for their children without having to go to Court and to try and foster a co-operative and shared approach to parenting following separation.
If parents are unable to agree, there are certain requirements that must be met prior to initiating court proceedings. This includes participation in Family Dispute Resolution for mediation, which may be able to resolve your dispute without the need for expensive litigation.
Our team can guide you through the difficult process of parenting matters to ensure that you are adequately equipped to achieve the best possible outcome for your family.
How Can Andersons Help?
We offer a 90 minute initial meeting to develop a “Family Road Map” tailored to your personal situation.
All your concerns and questions will be addressed in this appointment and your lawyer will explain the process and outline a plan for next steps. All for a set fee.
For more information or to book your 90 minute “Family Road Map” appointment, please call 8238 6666 or email enquiry@andersons.com.au
