We understand that negotiating parenting arrangements in the event of a family separation can be a difficult and overwhelming process that potentially requires coming to terms with significant change however we are here to assist you in settling your parenting and custody dispute in a manner that protects the best interests of your children.

Working through and finalising Parenting arrangements post separation generally requires a determination of several key factors including who the children will live with, who they will spend time with, how the parents will communicate and manage shared-parenting and who has “parental responsibility”, the responsibility of making decisions in relation to the children. There are several pathways for finalising care arrangements:

-          Informal arrangements between the parents – Where possible it is encouraged that parties come to their own informal agreement without solicitor or court intervention.

-          Formal agreement (Parenting Plans and Consent Orders) - Where an agreement is made between the parents, this agreement can be formalised via a parenting plan or Consent Orders. A parenting plan is a written document setting out the agreed arrangement. It is not registered with the court, or enforceable in the event of a breach however can be utilised in later court proceedings as evidence of the intention of the parties. Consent Orders on the other hand are a form of Court Orders which may be made pursuant to an agreement reached between the parties and are enforceable in the event of their breach.

-          Court Orders - Where settlement negotiations are not successful and court orders are sought (inclusive of Consent Orders), the parents will generally need to attend mediation first (with exceptions). In accordance with the Family Law Act 1975, the Court will have regard to the best interests of the child/children as the paramount consideration in the making of their Orders. Court proceedings are often long and expensive and we encourage an amicable settlement outside the Court room where possible and appropriate.

Please contact our office should you be interested in obtaining further information regarding this service.