Child Parenting Arrangements

Parenting Duties and Responsibilities

Regardless of a parent’s relationship status, the duty to care for and raise a child in a way which achieves their best interests remains paramount. Each parent carries significant responsibilities, aimed at ensuring the welfare and overall development of their child or children. Post-separation, navigating care arrangements can become more intricate, but the guiding principle remains constant: the child’s best interests must always be at the heart of every decision.

In this page, we delve into the nuances of these duties and how to navigate them, especially in challenging times.

PARENTING ARRANGEMENTS

We understand the emotional weight and the desire to make choices that serve the best interests of your child. Practicality and the child’s welfare should always be at the forefront of any decision, which is where establishing parenting arrangements becomes useful.

If common ground seems elusive between parents, Family Dispute Resolution is the next step. Here, with professional guidance, parents collaborate to decide on matters of child care post-separation. This collaborative approach not only fosters communication, but also ensures that the child’s well-being is central.

Parenting arrangements after divorce or separation can deal with:

• How parental responsibility is allocated between parents, or if all responsibilities lie with a single parent;
• The child’s living arrangements;
• With whom the children spend time and communicate; and
• Other pivotal decisions like schooling, travel, religious practices, and medical care.

Beyond parents, it’s worth noting that other family members, like grandparents and extended family, often play vital roles in a child’s life. Their involvement can be factored into these arrangements, ensuring a holistic approach to the child’s care.

If preferred, parenting arrangements can be dealt with informally via a Parenting Plan or, more formally, by Court Order.

FAMILY DISPUTE RESOLUTION

Navigating the complexities of family disputes can be daunting, especially when children are involved. But before you plunge into the labyrinth of court proceedings to attain a parenting order, there’s a mandatory step you must consider: Family Dispute Resolution (FDR).

FDR is a beacon in these trying times, illuminating a path for parents to find common ground on parenting arrangements after separation. Through this process, with the valuable guidance of one of our Family Lawyers, you can collaboratively work towards (during Family Dispute Resolution) an agreement that prioritises the well-being of your child or children.

Once we’ve charted this territory and found a satisfactory resolution together, BGM Family Lawyers stands ready to assist in translating that mutual understanding into an actionable Parenting Plan or a binding Consent Order.

PARENTING PLANS

When we think about the future of our children, clarity and understanding are paramount. A parenting plan offers just that – a documented layout of how you’ve decided to navigate parenting arrangements.

Formulated typically after a fruitful FDR session, this written agreement clearly delineates the roles and responsibilities each parent undertakes. However, while these parenting plans offer clarity, it’s crucial to remember that under the Family Law Act 1975 (of which you can read more about here), they aren’t legally enforceable. In essence, they serve as a voluntary blueprint rather than a binding contract. And as with all pivotal decisions in life, it’s always wise to have an expert by your side.

Before committing to any plan, it is important to seek legal advice from a seasoned family law practitioner. We can provide insights into the nuances of parenting plans, such as the implications of modifying an existing order using such a plan.

CONSENT ORDERS

For those craving the security of a legally binding and enforceable commitment, a consent order provides the assurance you seek. This order is more than just a document; it encapsulates the mutual agreement between parents on all unresolved parenting matters. Filed with the Court, once ratified (the Court having considered that the Orders being proposed are in the child or children’s best interests), it becomes an enforceable mandate. Breach its terms, and one might face stringent penalties.

Obtaining a consent order demands careful attention to detail. The order must be thoroughly drafted, as it may well be required to guide parents who have young children for many years to come. Everything which might come up in the years ahead – the issue of passports, overseas travel, treatment of health issues, change of and enrolment in extracurricular activities, etc. – should be thought about, and, if relevant, included in the order.  

While it’s true that procuring consent orders doesn’t mandate the involvement of a Family Lawyer, having an expert’s perspective can be invaluable. Their wisdom not only ensures the protection of your rights but also provides peace of mind in an otherwise tumultuous journey.

YOUR SPECIALIST FAMILY LAW FIRM ON THE GOLD COAST

BGM Family Lawyers have years of experience practising Family Law on the Gold Coast. We are a team of family lawyers who are compassionate and skilled, and are focused on helping clients achieve the best outcome for their children. Rather than taking on a parenting 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 Gold Coast office today.

Additional Support Organisations

The Federal Circuit and the Family Court of Australia

The Federal Circuit and the Family Court of Australia are two separate courts. Combined, they form the primary institution dealing with family disputes and legal challenges at a national level. 

While they play a pivotal role in deciding on family law cases, these courts don’t typically provide direct legal advice to individuals. However, they do offer resources, guides, and essential information to help families understand the legal processes.

Department of Youth Justice and Affairs

This department is committed to ensuring the well-being, safety, and rights of children and young people. They work across various sectors to develop policies, programs, and services that support children, young individuals, and their families. Their focus extends to multicultural communities, ensuring that every child and young person has the opportunity to thrive.

The department can also be involved where there are concerns about any risks to a child.

Mensline

Mensline is a dedicated service offering support, information, and referral services for men dealing with relationship difficulties, including separation or family conflicts. While they don’t provide legal advice, their resources and counselling services can offer valuable emotional and mental support during challenging times.

DVConnect Womensline

DVConnect Womensline is a vital service in Queensland that offers emergency support to women affected by domestic and family violence. Like Mensline, while they don’t provide legal advice, they offer resources, counselling, and referral services to women in need, ensuring their safety and well-being.

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 care, 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 to 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. Family Dispute Resolution Practitioners facilitate this process.

What is the role of a Family Dispute Resolution Practitioner?

A Family Dispute Resolution Practitioner (FDRP) is a neutral third party who assists parents in resolving disputes regarding their children. Their role is to facilitate open communication, help parents understand each other's perspectives, and guide them towards a mutually agreeable solution.

If mediation does not work out, what then?

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 it allows you to participate in out-of-court options with this information front of mind.

How does the Family Law Act 1975 impact my parenting arrangement?

The Family Law Act 1975 underpins all decisions and guidelines related to family disputes and children's well-being. It emphasises the rights of children, their best interests, and their safety.
For detailed advice on how the Act affects your specific situation, it's best to consult a family law specialist.

How can grandparents or extended family get involved in parenting arrangements?

Grandparents and extended family can play essential roles in a child's life. They can be included in parenting arrangements if it's deemed in the child's best interest. Legal avenues (and other types of parenting order) are available for grandparents to secure time with grandchildren in certain situations.

Can I modify an existing Parenting Plan or Consent Order?

Yes, Parenting Plans can be revised if both parties agree. However, modifying a Consent Order is more complex, and requires a new order or agreement – a Court may not be prepared to entertain any change (absent agreement between parents) if there has not been a significant change in circumstances since the Order was made. Always consult a lawyer before making such decisions.

What happens if one parent breaches a Consent Order?

Breaching a Consent Order is serious and may result in legal penalties. If you believe the Order has been breached, it's crucial to seek legal advice promptly. The court will assess the situation and determine if any penalties or adjustments to the order are necessary.