Children - Family Law
Children are the subject of many aspects of family law including parenting orders and custody agreements.
A Parenting Plan sets out parenting arrangements for the children but does not cover property settlements or spousal maintenance.
A Parenting Plan must be in writing, signed and dated.
A Parenting Plan is different to a Consent Order, in that you do not need to file it in the court registry. A Parenting Plan is not legally enforceable, but if a parenting plan is created after a consent order, the parenting plan will take precedence over the earlier consent order.
A Consent Order must be on a special form, it must be signed, dated and witnessed, filed in the court and approved by the court to have legal effect.
A Parenting Order may cover where the children live, who the children spend time and communicate with, and any other issued relevant to the children’s care, such as schooling or medical treatment.
The court will want to make sure proper arrangements have been made for the children before allowing the divorce
The law encourages parents to try to agree about parenting after the relationship has ended. The court’s primary concern is making decisions in the children’s best interest.
You are required to go to family dispute resolution before applying to court for a parenting order.
The law covers care and welfare arrangements for children, between their parents and other carers. Separation, divorce or re-marriage does not change your duties and responsibilities as a parent.
The main concern of the law is to make sure the best interest of children are met. This includes having the benefit of both parents’ meaningful involvement in their lives and that they are protected from physical or psychological harm.
You are required to go to family dispute resolution before applying to court for a parenting order. If there has been family violence or child abuse, you may not have to attend.
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