When facing separation and divorce and children are involved it is important to have in place proper parenting arrangements for their protection and benefit. Here at Shan Lawyers, we will do everything to ensure that the proper parenting arrangements are in place.

What You Need to Know about Parenting Arrangements

Before discussing parenting arrangements with your child’s or children’s other parent, consult with the team at Shan Lawyers. Our experienced lawyer will help you understand your rights and explore solutions that will best suit your family’s unique circumstances. This proactive approach enables you to be well-informed and prepared to make decisions that prioritise the well-being of your children and family.

1. What is a parenting plan?

If both parents agree on future arrangements for their children and want to create a formal written agreement, they can do so. This agreement, known as a parenting plan, is not a legally enforceable agreement and so is informal. The parenting plan may be varied or revoked by further written agreement. Consulting an experienced lawyer about a parenting plan can provide you with a clearer understanding of the process.

2. Do I need a lawyer to prepare a parenting plan?

You’re not required to have a lawyer to prepare a parenting plan, but seeking legal advice can be beneficial. Our lawyer can assist you in negotiating and creating a plan that is practical and focused on the best interests of your children, while also helping you understand your legal rights.

3. What are Consent Orders?

If both parents want to formalise their proposed arrangements for their children, they can prepare and file their agreement with the Federal Circuit and Family Court of Australia and request the Court to make that order, known as Consent Orders. Consent Orders are official and create legally enforceable obligations.

Contact Shan Lawyers to help you with making a Consent Order.

4. What is a Section 60I Certificate?

A Section 60I Certificate is a document issued by the Family Relationship Centre or a qualified mediator in Australia. It confirms that you have attended family dispute resolution (FDR) and tried to resolve parenting disputes but were unsuccessful before applying to the court. This certificate is often required when making an application to the Federal Circuit and Family Court of Australia to ensure that you’ve made genuine efforts to settle your issues outside of court.

5. What if I haven’t attended family dispute resolution because of concerns about child abuse or family violence?

If you haven’t attended family dispute resolution due to concerns about child abuse or family violence, you may be exempt from the requirement to attend FDR and obtain a Section 60I certificate. Your safety and the safety of your children are our top priorities.  We recommend seeking legal advice to discuss your situation and explore the best options for moving forward.

6. What is Parental Responsibility?

Parental responsibility means the duties, powers, and authority that parents have by law to care for and make decisions about their child’s upbringing.

7. Who may apply for a parenting order?

  A parenting order in relation to a child may be applied for by:

 (a) either or both of the child’s parents; or

 (b) the child; or

 (c) a grandparent of the child; or

 (d) any other person concerned with the care, welfare or development of the child.

The Law and Parenting Arrangements Australia

When parents struggle to agree on parenting arrangements for their children, it can be emotionally challenging for all parties involved. This could be due to differing views or an inability to reach an agreement.

It is important for both parents, without safety concerns, (for instance in the case of domestic violence issues) to discuss their child’s individual needs and come to an agreement about where the child will live and how they will spend time with each parent. Considering the factors outlined in the Family Law Act 1975 will help the parents understand what to consider when discussing the parenting arrangement and navigating the issues.

The Court will take the list of factors into account that describe how a court will assess what is in the ‘best interests of the child’ in the form of:

• the safety of the child and people who care for the child (including any history of family violence);

• the child’s views;

• the developmental, psychological, emotional and cultural needs of the child;

• the capacity of each person who will be responsible for the child to provide for the child’s developmental, psychological, emotional and cultural needs;

•the benefit to the child of having a relationship with their parents, and other people who are significant to them; and

•anything else that is relevant to the particular circumstances of the child.

Note – For Aboriginal and Torres Strait Islander children, their right to enjoy their culture must also be considered.

Contact Shan Lawyers today to discuss your parenting arrangements and we will make it as easy as possible for you to minimise and reduce the stress.

See Family Law Property Settlement to learn how we can support you through the complexities of property settlements, spousal maintenance, asset division, and financial arrangements during this challenging time. Also, take a look at our Binding Financial Agreements for more information.