Looking For Assistance With Your Parenting Arrangements?
When there are children involved in a separation, it is tough on you and it is hard on your children, too. Dr John Cronin and Nadine Love will make sure that you are given expert advice on your parenting arrangements so that your children are protected from the potential impacts of your separation. Parenting arrangements generally fall under these 3 categories:
If you’d like to learn more about how we can assist, continue reading or give us a call on 07 5455 6347 today.
How Anumis Legal Can Assist With Your Parenting Arrangement
We can also assist you with your parenting disputes including:
Applying for a divorce
Living arrangements for your children
Child support – how much is the correct amount
Whether your child or children can travel overseas
Who your child or children will communicate with
Relocation – if you or your former partner/ spouse moves away
How decisions are made between you and your former partner/ spouse
The Importance Of Understanding Your Options
Parenting Arrangements fall under one of these three categories. It’s important to understand the difference between them before deciding on the right choice for your situation. Click the boxes below to learn more.
If you and your former partner have arrived at an agreement about parenting arrangements and you want to ensure that the terms of your agreement are legally binding, then you can formalise your agreement by applying for Consent Orders. You can also use Consent Orders to change or discharge existing family law orders.
When Consent Orders are filed, the Court carefully considers the orders, with specific regard to the best interests of the children. This means that it is advisable for you to seek legal advice before you put the orders you want before the Court.
If you can come to an agreement with your former partner, focusing on the best interests and needs of your child or children then that is usually the best outcome for all affected. There are no fixed rules about how to come to an agreement to care for your child or children after separation. Your parenting agreements can be:
- an oral agreement; and/or
- a written agreement; or
- an agreement that is put before a Court and formalised, known as Consent Orders.
A written record of your agreements about the care of your child or children is called a parenting plan. A parenting plan must be signed and dated, but does not need to follow any specific format.
Please note, that while a parenting plan is cheaper and potentially less stressful that applying for Consent Orders, a parenting plan is not a legally enforceable agreement.
If you and your former partner can agree on the amount of child support to be paid, you can put a child support agreement in place by either making a binding or limited Child Support Agreement with your former partner.
If your circumstances are such that you and your former partner cannot agree on child support, then Services Australia provides an administrative process determined by the Child Support (Assessment) Act 1989 (Cth).
The child support payable will be calculated based on a formula in the legislation.
What’s The Difference Between Consent Orders And A Parenting Arrangement?
The main difference between parenting arrangements and Consent Orders is that you do not need to go to court if you and another relevant person, often the other parent of your child or children, have come to an agreement about the arrangements for your child or children.
It is very important that you formally document your parenting arrangements in an agreement about the arrangements for your child or children so that you are clear that you each fully understand what you have agreed. The reason being that this assists to avoid disputes or misunderstandings in the future. Under the Family Law Act 1975, you can document your agreement either as a parenting plan or as Consent Orders.
Unlike a parenting plan, Consent orders are enforceable. Even though they are made by agreement, and they can be made without a hearing, Consent Orders are still orders of the Court. Consent orders can be used to change or discharge existing family law orders.
Parenting Orders by Consent are orders made by a Court about children, under Part VII of the Family Law Act 1975. They are orders that you and the other relevant person, usually the other parent of your child or children, agree on. Consent means agree.
When the Court makes a parenting order, both parties to the order must abide by it. Breaching an order can have serious consequences. Once final consent orders have been made, there are only a few circumstances in which they can be changed.
We advise that you seek legal advice before you enter into Consent Orders. For information about filing requirements and a step-by-step guide to applying for consent orders go to How do I apply for Consent Orders?
What Should You Consider When Making Parenting Arrangements?
Who the child or children live(s) with
Who the child or children may spent time with (This is usually the parent they do not live with, or someone else who is significant in their life, such as a grand-parent. This time can be spent either face-to-face, or by phone, FaceTime, Skype, zoom, email or letters)
Aspects of parental responsibility such as: day-to-day care, development and welfare of the child or children, education, religion, sport, extra-mural activities.
Communication between the parents / parties
Child maintenance for children who are not covered by the Child Support (Assessment) Act 1989.
If you want to know more about Parenting Orders, here is a link to a helpful brochure.
Parenting Arrangements For Babies And Toddlers
When you separate, there are so many different factors that come into play when you are faced with figuring out the best arrangements for your child or children. It can be especially daunting to come up with arrangements for your baby or your toddler.
Here are some of the factors you can consider:
- Which parent your child has a primary attachment to
- Whether your child is breastfeeding
- What type of relationship you have with the other parent
- What type of routine your child needs to thrive and which parent is best placed to continue or establish a healthy routine
- Any specific health or other needs your child has
If you would like to know more, and understand where to look for the regulations around parenting arrangements for younger children, then feel free to read our blog on Parenting Arrangements for the 0-4 Year Age Group.
We Can Help You With Mutually Beneficial Parenting Arrangements
If you are considering separating, or you have separated and you have a child or children to consider, then it is especially important that you get the right advice and support to make the very best decisions for your family, in your circumstances.
Talk to our calm, considerate and experienced Family Law Dream Team to help you to nut out the most practical, workable solutions for you and your child or children. We appreciate that coming up with a parenting plan or Consent Orders that reflect your needs and the best interests of your child or children can be complex.
We’re here to help you with mutually beneficial parenting arrangements and the drafting of Consent Orders. You can call Anumis Legal directly on 07 5455 6347 to make an appointment for your complimentary chat. Or email firstname.lastname@example.org to set up your free consultation, now.
Meet Our Team
Dr John Cronin holds a Master’s Degree in Business Management, a PHD in socially responsible investment, and is pursuing a further PHD in superannuation law. In his earlier engineering career, he led numerous large-scale equipment design and infrastructure development projects. A former financial and investment advisor, Dr John has a wealth of experience across banking, finance, and investment.
Nadine Love holds a Master’s Degree in Dramatherapy. In her earlier career as an author, mentor and trainer through her books, products, and coaching services she assisted people to transform their personal and professional lives to find confidence, clarity, success, and wellbeing. Nadine was awarded the 2020 NSW Bar Association Prize for Civil Litigation and Evidence.
You can depend on our Commercial Law and Family Law firm to get to know you and your needs in depth. Our expert legal advice, courteously tailored to your specific circumstances, is at your right hand to that you can make well informed choices round the clock. We have your back.
To make your appointment or for further information: email@example.com
or call 07 54556347
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