Parents are often unsure or unable to communicate with each other about what time the children will spend with each parent. This is especially true where the separation hasn’t been amicable. Once a parent decides they need to make a plan for co-parenting how do you go about it?
The first step for separated parents is to attend family dispute resolution (or more commonly known as mediation) through organisations such as Relationships Australia, Catholic Care or the Family Relationship Centre. An alternate option is a private family dispute resolution service, as there is normally no waiting list. Even if both parents are on good terms it’s still a good idea as it allows for some objectivity in the conversations while also providing a safe space for parents discuss important issues about the children.
The purpose of family dispute resolution is to allow the parents to negotiate arrangements for the children, including spending scheduled times with each parent, special occasions such as Christmas, birthdays and school holidays. Further, the issue of equal shared parental responsibility or sole parental responsibility to determine the children’s health, schooling and any other long term decisions will need to be decided by the parents. If an agreement is reached then the family dispute resolution practitioner (or otherwise known as a mediator) will draft a written parenting plan which both parents must sign. Sometimes it may not be in the child’s best interest to spend time with a parent, such as in the case of suspected abuse or family violence.
A parenting plan is not binding and cannot be enforced by the Family or Federal Courts if one parent does not comply with the parenting plan. If either parent decided to make an Application to the Family Court or Federal Circuit Court then the parenting plan would be persuasive for the Court to make a decision based on the previous arrangements for the children.
A parenting plan can be drafted into Consent Orders which are filed in the Family Court. Both parents must sign the Consent Orders and are not required to obtain independent legal advice, although it’s a good idea to do so.
Alternatively, if parents have already reached an agreement for the children’s arrangements to spend time with each parent including special occasions then they can draft Consent Orders without attending mediation.
Parents must comply with the Consent Orders. If either parent does not comply with the Orders then a Contravention Application can be filed with the Court.
If family dispute resolution is unsuccessful, or one parent is unwilling to attend, then the family dispute resolution practitioner will issue a Section 60I Certificate. This allows either parent to file an Application to the Family Court or Federal Circuit Court. The Court does not accept Application’s in relation to children’s matters without the Section 60I Certificate unless there is an exemption, such as child abuse, family violence or is an urgent matter, such as a recovery of a child from the other parent.
Melanie Wyatt Family Law can provide assistance with the drafting the Consent Orders and if no agreement is reached at family dispute resolution then drafting the Court documents to seek Court Orders.
We offer alternate fixed fees for clients seeking transparency with their legal costs. We also offer hourly rates and can assist eligible clients with Legal Aid grants.