The Legal Drafter can assist you with your parenting arrangement by drafting comprehensive Parenting Plans or Consent Orders. Everyone’s parenting arrangements are different, therefore your plan or orders are tailored specifically to what is in the best interests of your children. There are many things to consider, such as:
- who a child will live with;
- how much time the child will spend with each parent and with other people, such as grandparents;
- the allocation of parental responsibility;
- how the child will communicate with a parent they do not live with, or other people; and
- any other aspect of the care, welfare or development of the child.
The Federal Circuit and Family Court of Australia / Family Court of Western Australia recommends various resources to help separating parents work out the best future arrangements for their children. Click here for more information.
The Marriage, Families and Separation brochure provides information for those considering, or affected by, separation or divorce.
The Family Law Act 1975 (Cth) is the main law governing children’s matters. The courts that exercise jurisdiction are the Federal Circuit and Family Court of Australia and Family Court of Western Australia. The court will consider what is in the ‘best interests’ of the child. The ‘best interests’ of the child are considered under section 60CC of the Family Law Act 1975 (Cth).
There are 3 ways you can make arrangements for your children after separation:
- informal arrangements;
- parenting plans; and
- parenting orders, including by consent (Consent Orders).
If you agree on arrangements, you can make a parenting plan or formalise your agreement by applying for Consent Orders.
If you cannot agree on some issues, you can use dispute resolution or mediation to help you resolve any issue in dispute.
If you cannot reach an agreement, you can apply to the Court for parenting orders.
- Before you can make an application to commence legal proceedings in the Federal Circuit and Family Court of Australia for parenting orders, you must attend mediation (except where an exemption applies) and obtain a mediation certificate from a registered family dispute resolution (FDR) provider. For more information on how to find an FDR provider, please visit Family Relationships Australia.
- If there is family violence or child abuse, you must still obtain information from a family counsellor or FDR provider about the services and options available to you. A written acknowledgement of this must be provided to the court when you apply for parenting orders.