Children and parenting matters
When a couple separates, 'I don't know where to start" or "I'm not sure what I'm entitled to" are common questions when it comes to the arrangements for the children.
Problems can also arise after separation if the arrangements break down, or just isn't working well. Often when Orders haven't been made we have clients seeking ad. If parents no longer agree on the arrangements for the children, it can be like starting from scratch all over again.
Some parents can still communicate amicably, others can't even talk to each other.
We help parents at all stages, from starting out in separate parenting or long after separation and the children's arrangements just aren't working out.
01 - Negotiation and mediation
The best interest of the child is the paramount consideration in the law, and with us. You know your child best, and what is in their best interest. so you are in the driving seat.
We appreciate that parents want the arrangements sorted out with the minimum of stress and cost.
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We firstly provide advice and guidance about how to start putting together parenting arrangements.
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We can support you to negotiate with the other parent, or if your separation has been difficult and you feel this isn't something you can manage, we can start negotiations on your behalf with a view to reaching an agreement, not ending up in Court.
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We can also support you through mediation. Mediation is not only compulsory in children's matter before you proceed to Court, but it's a great forum for getting stuck in and having the arrangements "done and dusted" in a day.
02 Agreements - Parenting Plans and Parenting Orders
Agreements about the arrangements for the children can be written up as;
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Parenting Plan; or
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Parenting Order (consent order).
They can include who the children live with and what time they spend with the other parent (previous called child custody and access) as well as a range of other issues relation to the children.
Parenting Orders: an Order about the children can be made by the Court by the consent of the parties which reflects the agreement they have reached regarding custody and time. These are called "consent orders". They are binding and enforceable.
Parenting Plans: are an agreement only between the parents. They are not binding or enforceable, which can be good for parents who are recently separated and aren't sure about an Order just yet.
Read more about these in detail in our web articles!
We can help you to write up these documents. You bring your agreement to us, we can prepare the paperwork for you. We can prepare a Parenting Plan or take you through each stage to ensure your children's arrangements are formalised in a legally binding order.
03 Court proceedings
There are unfortunately some occasions when negotiation isn't appropriate or an agreement can't be reached with the other parents.
If court becomes necessary, we can guide you through the litigation process.
We are willing and able to present your case strongly.
We are also child focused and client focused, so just because litigation commences, doesn't mean we can't still negotiate and bring the proceedings to an end early without the stress and cost of a trial if that's the best course of action for you and your children.
04 Enforcement, recovery orders and other issues
Even when Orders are in place, there can be issues.
If a parent is not complying with an Order, if the Order is no longer in the best interest of the child, we can help you navigate your options.
