Parenting Arrangement Lawyers in Brisbane

The law in relation to post-separation parenting of children is often complex and the court has to determine arrangements which are  in a child’s best interests

The Family Law Act 1975 recognises that children have the right to a relationship (whether that be living with, spending time with or communicating with) people who are significant to their care, welfare and development which includes grandparents and other relatives.

Parenting arrangements can deal with such things as:

• The way parents deal with parental responsibility,
• Where and with whom the children live;
• With whom the children spend time and communicate; and
• Any other issues relevant to the children’s care such as schooling, travel, religion or medical treatment.

Parenting arrangements can be dealt with informally, by a parenting plan or by Court Order.

Informal Parenting Arrangements

Some families are able to keep their parenting arrangements informal. With the parties communicating about the care arrangements, without the need to have something formal in place.

Parenting Plans

If parents reach agreement, they may wish to document so that everyone, including the children, know what the arrangements are. Parties can enter into a Parenting Plan to document the terms of the agreement.  A parenting plan is less formal than a Consent Order and can be any document which is signed and agreed to by both parties in regard to parenting.

A Parenting Plan is effectively a ‘written handshake’ between the parents. It is not possible to enforce a Parenting Plan, but it can be taken into consideration as to the parent’s intention, if a later Court application is made.

There are a number of circumstances to take into consideration in determining whether an informal arrangement, parenting plan or Court application is the write avenue for you and your family.

Parenting Orders

Parenting Orders are made by the Court in relation to the ongoing care arrangements for children following the separation of parents.,

Parenting Orders can come about in two different ways:

• By Consent (called a “Consent Order”) – as the name suggests, this is when parents agree to the ongoing car arrangements for their children; or
• By Court Application – when parents are not able to resolve the ongoing care arrangements for their children, it is often the case that one of the parents will need to make an application to the Court to ask a Judge to work out what those arrangements should be. The Family Law Act encourages parties to resolve matters without resorting to litigation (in most cases, a court will not hear an application for a Parenting Order unless the parties file a certificate from a registered Family Dispute Resolution Provider first).

 Your Specialist Family Law Firm in Brisbane

BGM Family Lawyers have many years of experience practicing in Family Law in Brisbane. Rather than trying to take on a children’s matter by yourself, we can be on your side throughout the entire process.

To speak with one of our experienced family lawyers, please contact our Brisbane City Law Office today. Contact us today on 1300 246 529 or send us an online enquiry.

Parenting Arrangements FAQ

What are my rights to see my children?

Under Australian law, parents don’t have ‘rights’ – children do. Our law does not say that the children must live with their parents ‘50/50’, or in any other proportion. In fact, there is no one size fits all arrangement, and the appropriate outcome in one case will not be appropriate in the next.

What our law does say is that, unless children are at risk of harm, then it is in their best interests to know, and to have a relationship, with both of their parents. How that relationship will work practically (that is, what form of time it will take), is a factor of many considerations – the nature of the relationship children have with each of their parents, their wishes (where applicable), the ability of parents to provide for their case, and practical issues such as the work and living arrangements of their parents.

We’ve seen so many permutations and combinations of situations – families large and small, living locally, inter-state and overseas, and with children of all ages, and all degree of needs. We can bring this experience to the task of advising on the parenting outcomes likely to achieve the best interests of your children, in your unique case.

We can’t agree – what do we do?

Court is, in most cases, an avenue of last resort. In fact, in most situations, the court insists that parties try and work out their parenting arrangements themselves, through mediation (Family Dispute Resolution) before they can approach a Court. That being the case, start with arranging mediation. There are all types of services, free or subsidised, and private. The free services (Relationships Australia and the Family Relationships Centre) often have a waitlist, so get in early.

If mediation does not work out, you may have to consider filing an application with the Court for parenting orders.

We can help with early advice, projecting the sorts of outcomes that you could expect if your case was being determined by a Court. That will provide you with a clear idea of likely outcomes that suit your situation and your children, and allow you to participate in out-of-court options with this information front of mind.

We Can Help

Almost every case has some unique element requiring some consideration. We’ve seen lots of situations, and will be able to draw on our experience to empower you.

For expert legal advice from Brisbane Family Lawyers, contact us today on 1300 246 529 or send us an online enquiry.