Parenting Arrangements

A parenting plan is a written informal agreement that sets out parenting arrangements for your children. These include whom the child should live with, spend time with, the allocation of parental responsibility, location of changeovers, and any other issues in relation to the children.

A parenting plan can be helpful in certain situations and to put arrangements in writing however a parenting plans is NOT legally binding or enforceable. There is usually no penalty for breaching a parenting plan. Generally speaking, parenting plans are only helpful in a few situations and it is more appropriate to obtain Consent Orders.

An important issue after separation is the division of matrimonial assets. These assets include the family home, any investment property, businesses, cars, superannuation and other household assets like furniture.

Property settlements can be stressful and complex however it is important to have your property settlement done correctly as it affects you and your family’s livelihood for the future. Having a legally binding settlement reduces the risk of future disputes and uncertainty.

Our expert Family Lawyers have the specialised experience and skills to ensure you are financially taken care of and receive the best possible property settlement. We can provide you with advice on your entitlements, the likely outcome of a property settlement and negotiate on your behalf.

If you agree on arrangements for property we can help you formalise that agreement by applying for Consent Orders with the Family Court or preparing a Binding Financial Agreement (BFA).

Consent Orders are a legal document that is drawn up by solicitors. We can help prepare the document detailing the agreement and once signed by both parties we can file the agreement with the Family Court. Consent Orders ensure that your agreement is legally binding and if any potential issues arise in the future you have a formalised agreement and your interests are protected.

When an application for Consent Orders is made with the court, the court must first be satisfied that the terms of the agreement are ‘just and equitable’ before making the orders. The agreement must therefore comply with the requirements of the Family Law Act and propose a fair division of property.

Binding Financial Agreements (BFA) also known, as a Pre-Nuptial Agreement is a contract that sets out how your property and assets will be divided if a relationship breakdowns. BFA’s can be made before, during or after a relationship breaks down and are usually used when one party to the relationship has significantly greater assets in the beginning of the relationship, and/or a future inheritance is involved.

These agreements cover:

• Financial settlements after the breakdown of a marriage or a de facto relationship.
• Maintenance support of one spouse by the other after the breakdown of a relationship and any other incidental issues. For the agreement to binding:
• It must comply with strict legal requirements.
• Signed by both parties.
• Both parties must have received independent legal and financial advice before signing. Where the agreement is not done legally it may not be upheld in court and result in property disputes in the Family Law Courts. In situations where parties cannot come to an agreement concerning property we can make a court application on your behalf.

Family Dispute Resolution (FDR) are services that can help parties resolve their disputes without going to court such as mediation, conciliation and arbitration. FDR can help parties save time, reduce costs and avoid stressful court proceedings.

In most family law cases, parties must make a genuine effort to resolve their disputes without initiating court proceedings through dispute resolution services.

For parenting arrangements and children’s issues FDR is compulsory before making an application with the court. FDR can help parties reach agreements about parenting arrangements for their children and property matters.

However, in some circumstances, FDR may not be appropriate and a party can make an application with the court for parenting orders without attending FDR. These exceptions include where: the matter is urgent or there are issues of family violence or child abuse.

In circumstances where an agreement is reached at mediation, Consent Orders can be drafted and filed with the court to formalise that agreement. In circumstances where an agreement is not reached at mediation, lawyers can further negotiate to come to an agreement or an application can be made with the court for parenting orders.

Court Proceedings: Where an agreement cannot be reached we can assist in advising you how the Family Law Act deals with Children’s issues and making an application with the Court.

A parenting order is a set of orders made by a court about parenting arrangements for a child. When a parenting order is made, each person affected by the order must follow it.

Where a parenting order is breached the other party can apply for Enforcement of the orders or Contravention, which can result in the party being punished through a fine or imprisonment.

Legal Process:

1. One must follow the pre-action procedures, particularly attend FDR with Family Relationships Australia or an Accredited Family Dispute resolution practitioner and genuinely attempt to come to an agreement.
2. Obtain an s.60I Certificate from FDR indicating that mediation was attempted.
3. File an Initiating Application with the FCC or FC along with supporting documents including the s.60I certificate, affidavits.
4. Your partner will be able to file a response to your application.
5. During the court process if parties come to an agreement on parenting arrangements, consent orders can be drafted and made by the court as long as the court considers the orders are in the best interests of the child.