Child and Parenting Overview

When going through a separation or divorce, issues related to children and parenting can be emotionally challenging. Our experience team strive to ensure the well-being and best interests of the child are prioritised in decisions regarding parenting arrangements.

What are child and parenting orders?

The Family Law Act 1975 outlines that the best interests of the child must be the primary consideration in parenting matters. This means that any decisions or orders made by the court should prioritise the child’s welfare, including their physical and emotional well-being. Parenting arrangements determine how children will spend time with each parent, make important decisions, and maintain meaningful relationships with extended family. These arrangements can be reached by mutual agreement or, if necessary, through court intervention.

Types of Parenting Orders: Parenting orders can address various aspects, including:

• Living arrangements (custody and access)
• Communication and visitation schedules
• Decision-making responsibilities regarding education, health, and religious upbringing
• Parental relocation
• Financial support for the child (child support)

Parenting plans and consent orders

A parenting plan is a written agreement that outlines the agreed-upon arrangements for children. While not legally binding, a parenting plan can be an effective tool for parents to establish clear expectations and guidelines. It can also be used as evidence of the parents’ intentions in the event of future disputes. In comparison consent orders are legally binding agreements approved by the court. They provide certainty and enforceability for parenting arrangements. To obtain consent orders, parents must draft and file the agreement with the court for review and approval.

Contact us today to schedule a consultation and take the first step towards gaining a parenting plan or consent orders.

FAQs

The content of this article is intended as a general guide to the subject matter and not to be relied upon as legal advice. For specific legal advice about your individual circumstances, please contact our experienced lawyers.