More often than not, parents who have separated are unable to communicate effectively with one another, and this leads to difficulties in reaching an agreement as to whom the child will live with, and spend time with.
The presumption of equal shared parenting responsibility is often misunderstood by parents. Whilst the Court must consider the child spending equal time or substantial and significant time with each parent, the circumstances of the child and the family relationship may result in something else entirely.
A 50/50 time arrangement may not work effectively in your family dynamic. For example, what if your ex-spouse is a fly in, fly out worker? What if your child is an infant or has special needs due to a medical condition? We will help guide you in your negotiation and decision making as to what the Court may think is in the best interests of your children.
A short term agreement can be entered into which will provide for a review after an agreed period of time, in the form of a Parenting Plan. This allows the two households a trial period for the new arrangements. Whilst Parenting Plans are not enforceable, they are relevant as to the parents’ intentions and their ability to co-parent.
We can also assist you in preparing Consent Orders for Parenting matters which are enforceable by the Court. Consent orders are orders that you and the other party agree on. You and the other party can apply and file for consent orders to be made without having to physically attend Court. The Court will grant the terms of the orders if they are in the best interest of the children.
What if we still can’t co-parenting effectively?
You are unable to commence proceedings in the Court until such time as you have made a genuine attempt to resolve your dispute through Family Dispute Resolution. We will assist you in scheduling an appointment with a Family Dispute Resolution Practitioner and you will attend an intake session and participate in counselling.
If Family Dispute Resolution does not work, you will be issued with a certificate which will permit you to commence proceedings.
Download Brochure – pre-action procedure for parenting cases
