Parenting after separation can be quite a challenging and stressful time. It is often a time of high conflict, when both parents are trying to navigate establishing their own household with the day-to-day parenting decisions such as where the children will live and when the children will spend time with the other parent.
Separating families have a number of options available to them to formalise an agreement between both parents, to address what parenting will look like on a day-to-day basis. It may be that the separation is reasonably amicable and both parents are able to navigate parenting without the need of a formal agreement. In most cases though, separating parents will need to obtain assistance with the development of a parenting plan or parenting orders.
The Federal Circuit and Family Court of Australia require parents to participate in Family Dispute Resolution, prior to filing any Application in Court for parenting orders. There are some exceptions to this requirement including urgent circumstances or there is a risk of child abuse and/or family violence.
During Family Dispute Resolution, if both parents are able to reach agreement, a parenting plan will be entered into and there will be no need for any further action to be taken. Parenting plans are a more cost effective and more efficient way of navigating parenting after separation. However, parenting plans are not legally enforceable.
However, if the parties are unable to reach agreement about parenting arrangements or conflict arises concerning the parenting plan, parents will need to make an Application to the Federal Circuit and Family Court for parenting orders. Alternatively, parents who reach agreement about parenting can file an Application for Consent Orders with the Court, creating a legally enforceable order dealing with parenting.
This article was published on 20/09/22 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
