Parenting Family Lawyer Sydney | Brisbane
Parenting Arrangements in Australia
Relationship breakdowns can cause frustrations for parents navigating child custody arrangements following separation.
Whilst every family is unique, the Court’s primary focus and consideration is what is in the best interest of your children.
The Family Law Act outlines a list of considerations when determining this, including:
- Whether there is a need to protect the child from physical or psychological harm due to abuse, neglect or family violence
- The nature of the relationship of the children with each parent and the benefit to the child of having a meaningful relationship with both parents
- Whether the children are of an age where their views can be considered
- The ability of each parent to meet the children’s physical and psychological needs
- The attitudes of each parent of their responsibilities as a parent
- Religious or Cultural issues
The views expressed by the child and any other factors relevant to the weight attached to the views of the child are additional considerations in determining the best interests of the child (Section 60CC(3)(a) Family Law Act 1975.
what are parenting plans?
- Parenting plans are voluntary informal agreements reached between the parents of a child that deal with various aspects of the child’s living arrangements, daily life, and parental responsibility concerning long-term issues.
- Parenting plans are an effective way of reducing the risk of future conflicts concerning decisions relating to your children and are flexible in that they may be amended from time to time, when both parties are in agreement.
what are parenting orders ?
Parenting orders are formal, legally binding agreements. The Court when making the parenting order, does not have to follow the parenting plan but will consider its terms in its overall decision.
- If you are unable to reach an agreement through a parenting plan, then a parenting order may be a more appropriate method
When you are considering taking a parenting matter to court, you will need to comply with certain pre-action procedures
- Before commencing proceedings in the Federal Circuit and Family Court of Australia (“FCFCOA”) you and your former partner will need to make a genuine effort at resolving the dispute.
This includes :
obtaining a Genuine Steps Certificate, validating your compliance with pre-action procedures
a certificate from a Family Dispute Resolution Practitioner pursuant to Section 60I (8) Family Law Act 1975.
Parenting Court Orders
what Orders Can The Court Make?
The Court has the power to make orders on the following matters:
- Your former spouse must comply with a parenting order unless there are “reasonable grounds” for breaching an order.
- We will be able to assist you in applying for a contravention order where your partner has breached a parenting order.
The Court may make a variety of orders as a consequence of the breach, for example, a fine, a variation to the parenting order, or even an order for that parent to make up for the time lost with the child/ren.
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I found Elevate Family Law Firm to be highly professional and exceptionally personable and approachable. From the very first point of contact with Zohra, I felt comfortable. She made me feel heard and validated, and was warm and understanding. Throughout my whole parenting matter, I felt 100% at ease with Zohra and was confident in her efficient and professional work ethic……
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Most frequent questions and answers
Moving interstate, overseas or a significant distance from where your current residential address (relocation) requires the consent of the other parent or a court order which allows you to relocate with the children.
Yes. Grandparents can also apply for parenting orders. The Court permits such applications that consider the welfare of the children –including grandparents. Click here for more on grandparent’s rights.
There is no set age at which a child can choose who they live with, or choose when (or whether) they see the other parent. While a child may express strong views about who they want to live with, there is a range of other factors that the court will take into account in deciding the living arrangements for a child.
Consent orders are formal court orders that reflect the arrangement arrived by the two parties. Consent orders are binding and enforceable like any other court orders.