If you and your partner separate, it can be a stressful and emotionally turbulent time. If you and your partner have children together, then the process can be even more complex, as you balance your own emotional well-being with ensuring the children are as content as possible. In these situations, it is best that you consult with a family lawyer so that you are aware of the legal requirements that you and/or your partner must indicate when embarking on his process, in order to create the safest, happiest outcome for your children.
Family Dispute Resolution
Where you both disagree in determining arrangements for your children, the first step that you and your partner should take is to make genuine and reasonable efforts to communicate with your former partner; and make genuine efforts to resolve the dispute by attending counselling or mediation, often called “Family Dispute Resolution”. In fact, Family Dispute Resolution is a requirement that both parties must fulfil before the matter is taken to the Court as you will require a Section 60I Certificate to be obtained before legal proceedings can be commenced.
Parenting Plans
The next step in this process will usually be discussing what kinds of parenting arrangements/agreements can be entered between yourself and your partner. Your family lawyer will be able to assist you in creating a Parenting Plan.
Importantly, the plan must be in writing, signed and dated, and can be amended by simply creating another written, signed and dated agreement. Parenting plans do not create any kind of legal obligation on either parent – but if the matter does go to Court, the Court can take into account the content of the parenting plans.
Consent Orders
Next, Consent Orders may be made. Consent Orders are a legally binding agreement that is filed with the Courts that formally states the agreement that is made and negotiated between parents in regards to arrangements for the children. It is very important that a family lawyer assists you with creating this document; as it is legally binding.
It is important you are aware of the rights and responsibilities the agreement will have on you and your partner.
The Next Steps
If the matter is unable to be resolved through these means, it may go to the Court – either the Local or Family Court. At this stage, the Court will determine arrangements for you and your partner’s children by deciding what is in the best interests of the children.
The Parenting Orders made by the Court will include factors as to who the children will live with, how responsibility for the children will be shared, and how many future disputes in relation to what is in the Orders will be resolved.
If you are thinking of separating from your partner or are in dispute about arrangements concerning your children, contact us on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP.