What you need to know about: PARENTING ARRANGEMENTS

This is part of an information series to provide simple, easy-to-understand guidance for dealing with family law matters when a relationship breaks down. For more information or the help of a specialist family lawyer, please contact Watts McCray Family Law.

The most important thing to know about parenting arrangements is that by law, decisions should always made in the best interest of the child. If a couple cannot agree on where the child will live and how much time will be spent with both parents, the Court will make decisions that ensure the child’s wellbeing.

What are my responsibilities as a parent?

Both parents have a responsibility to their children until the age of 18 – this does not change just because the relationship between a mother and father changes following a separation or divorce. When a marriage breaks down, both parents must make arrangements and decisions that determine the parenting arrangements for any children involved.

I have separated from my spouse, what are the next steps in making parenting arrangements?

Once a couple has separated, they must make certain decisions such as where a child will live, the time they will spend with each parent, the sharing of special events such as birthdays, Christmas, and school holidays, and how future decisions will be made.

If parents can agree on these arrangements, they can submit consent orders to the Family Court if Australia which then become legally binding. Alternatively, couples not wanting or needing binding orders of a court can enter into a Parenting Plan.

Couples that cannot agree on parenting arrangements can meet with a family dispute resolution practitioner and attempt to come to an agreement. If parenting arrangements cannot be agreed on, parents can apply for parenting orders from a Court. A judge of Federal Magistrates will then decide where the child will live and how much time will be spent with each parent.

Can anyone else apply for parenting orders for my child?

Yes. Grandparents or any adult with a sufficient interest in the wellbeing of a child may be eligible to apply for parenting orders

When can parenting arrangements be made?

When a married couple separates they must wait 12 months before they can apply for a divorce, but there is no waiting time for parenting arrangements to be resolved. Decisions can be made regarding the upbringing and welfare of children as soon as a couple separates, or even before a couple separates.

If your marriage or relationship has broken down and you have children, specialist legal advice can help you navigate the legal process and come to parenting arrangements that are both in the best interest of your child, and that you feel comfortable with. Watts McCray’s experienced family lawyers can provide you with the guidance and help you need.

Do you have any tips for parents who are negotiating parenting arrangements?