Separation is a challenging time, especially when it comes to agreeing on parenting arrangements. As your dedicated family lawyer, I am here to assist you in arranging a Consent Order or Parenting Plan that supports your child’s best interests.

The Importance of Your Child’s Best Interests

Your child’s wellbeing is paramount. When a relationship breaks down, concerns about future living arrangements for your children naturally arise. My goal is to help you reach constructive parenting arrangements that prioritize your children’s welfare. Whether you can work collaboratively with your former partner or require a formal agreement, such as a Parenting Plan or Consent Order, I provide expert guidance and practical support to ensure you understand all rights and obligations regarding your children.

Informal vs. Formal Agreements

Informal agreements can work well when both parties cooperate. However, post-separation parenting relationships can be challenging. With experience in the Family Court and Federal Circuit Court, I can effectively advise, negotiate, and advocate on your behalf.

Adapting to Changing Circumstances

Parenting arrangements may need to be renegotiated as circumstances change. I can help you navigate the complex process of adjusting agreements to ensure they remain practical and appropriate for your evolving situation.

Support for Non-Parents

Grandparents and other non-parents can obtain Parenting Orders under the Family Law Act. I offer advice and support to these individuals in appropriate circumstances.

Key Areas of Assistance

As your family lawyer, I can assist you with decisions concerning:

  • Living arrangements for your children.
  • Time spent with each parent and significant family members, including grandparents.
  • Major long-term decisions about education, religion, cultural upbringing, living arrangements, and healthcare.
  • Communication between parents and children.
  • The impact of family violence on care arrangements.
  • Consideration of children’s wishes.
  • Issues of non-compliance with agreements or Orders.
  • Relocation and international travel with children.

Frequently Asked Questions

1. Who gets custody of my child? Will I get access?

The Family Law Act no longer uses terms like custody and access. The Courts consider who the children should live with and how often they should spend time with significant persons, including parents and grandparents.

2. Are there set rules for time spent with each parent?

There are no fixed rules. The Court follows a legislative process to determine parenting arrangements when parties cannot agree.

3. How does the Court decide parenting arrangements?

The Court must prioritise the child’s best interests. The Family Law Act provides when determining the best interests of the child:

  • The benefit of meaningful relationships with both parents and
  • The need to protect children from harm.

Other factors include the child’s views and the weight to be placed on those views based on the maturity of the child and understanding of the circumstances,

  • The extent to which the parents have met their parental obligations such as spending time with and making decisions for the child in the past,
  • The parents practical ability to meet the needs of the child,
  • The right for the child to experience their culture and the effect a parenting order may have on that right, and
  • The impact of family violence involving the child or family members.

4. When can my child decide their living arrangements?

Children under 18 cannot legally make decisions for themselves. However, the Court considers their views based on maturity and understanding of the situation.

5. Who makes decisions for my child?

Parental responsibility includes all duties,  powers, and responsibilities parents normally possess as though they were not separated,

The Family Law Act does not state that the parents must agree in relation to their parenting duties. However, the Courts can alter parental responsibility through Orders, sometimes requiring parents to collaborate and discuss on major parenting issues, or how parental responsibility is exercised.

In other cases the Court may order that one parent has sole responsibility for making decisions for the child.

6. What is a Consent Order?

A Consent Order is a legally binding agreement made by a Court with all parties’ consent, emphasizing the arrangement’s initial agreement on the child’s best interests.

Courts will often give greater weight to a Consent Order (as opposed to a Parenting Plan) if one party fails to abide by the agreement.

7. What’s the difference between a Consent Order and a Parenting Plan?

A Consent Order is enforceable by the Court, while a Parenting Plan is a flexible non-binding agreement that is simply written between parents about parenting arrangements.

Both can outline child care arrangements but only Consent Orders carry legal penalties for non-compliance.

Although non-binding, Parenting Plans can be changed easily and are flexible, and do not require an order from the Court to be amended.

8. What do I do if my ex breaks the Orders?

Non-compliance requires the other party to bring enforcement proceedings. There is no automatic enforcement process and no independent authority who will prosecute the non-compliant party.

Once proceedings are commenced, called a “Contravention Application”, the Applicant parent must establish that an Order has been breached or not complied with. The Respondent parent must then demonstrate that they, either did comply, or provide a reasonable excuse for not complying.  The Court then assesses if there was a breach or a reasonable excuse for non-compliance and may impose penalties for breaches.

The penalties may range from a good behaviour bond, fine, or a period of imprisonment.

9. Do I have to make my children spend time with the other parent if they do not want to?

Without Orders, there is no legal obligation. However, the conduct of the parent before Orders are made is taken into account if there are subsequent proceedings commenced. With Orders, compliance is mandatory unless varied by the Court. Non-compliance may result in penalties being imposed unless non-compliance is by agreement with the other parent or there is a reasonable excuse for the non-compliance.

10. What if my ex wants to move away?

Relocation cases are complex and require careful consideration of the child’s best interests. The Court can restrain a parent from moving outside a particular region if deemed necessary.

There may be a number of good reasons for a parent wanting to relocate with their children, such as returning to be closer to family support structures, for work opportunities, for other relationship matters.

Each case is determined on its own merits and there is no set framework for making an Order. The decision will be based, ultimately on what is considered in the best interests of the child.

What to do next?

Call Richard McDonald of McDonald Law on (02) 8824 4736 or 0411 460 034 or email Richard directly at [email protected].

We will be able to assist you, provide you with honest feedback, and give you practical options to plan, prepare and resolve your case.