Parenting Arrangements
Our Role | Your Family Law Co
When you are going through a separation it can be tough to work out parenting arrangements. We are here at Your Family Law Co, to offer expert advice and advocate for the best interests of your child.
Our role is to minimise dispute and guide you towards a negotiated agreement. Once agreement has been reached, we are highly experienced in drafting Parenting Plans or Consent Orders.
WHAT THE LAW SAYS:
If you cannot agree
You must invite your ex-partner to Family Dispute Resolution or Private Mediation. There are some exceptions to this including where there is urgency. We provide practical and strategic advice to protect your interests and suit your needs.
If Family Dispute Resolution or Private Mediation fails, we are here to guide you on the next steps. Depending on the unique circumstances of your case, these may be:
- referring you to another service such as counselling or psychology for expert support with difficult issues
- writing a formal letter to the other parent in accordance with legislative requirements
- starting court proceedings.
WHAT THE LAW SAYS:
If you reach an amicable agreement
Even if you are on friendly terms or have successfully reached agreement at Family Dispute Resolution or Private Mediation, it is usually in your interests to hire a lawyer to document the agreement in a Parenting Plan or Consent Orders.
This provides clarity and certainty going forward. We are skilled at drafting these documents to ensure they are technically sound and work well from a practical stand point.
If existing parenting arrangements are not working
We are able to provide expert advice when the other parent is not sticking to the Consent Orders or the Consent Orders are no longer practical or do not suit the best interests of your children. This is a complex area but we have the know-how and experience to advise you on the best course of action.
Going to court
Your Family Law Co is highly experienced in conducting litigation about children. This is often an emotionally charged process and can feel overwhelming. It is our job to deal with the complex legal stuff so you don’t have to.
We are here to provide a pathway for resolution and advocate your position so the best interests of your child are promoted. To reduce financial stress and uncertainty, we offer fixed pricing for all litigation matters on a stage-by-stage basis
How does the Court decide?
The law says that the best interests of the child are the paramount consideration. The court uses evidence to decide. Evidence is the facts of your case which are relevant. It is our job to know what is relevant and work with you to present those facts to the court.
Here is a list of general factors that a court must consider when determining the bests interests of a child:
- what arrangements would promote the safety (including safety from family violence, abuse, neglect, or other harm) of the child; and each person who has care of the child
- any views expressed by the child
- the developmental, psychological, emotional and cultural needs of the child
- the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional or cultural needs
- the benefit of the child being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so
- anything else that is relevant to the particular circumstances of the child.
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