Making arrangements for child custody is often a sensitive issue. Eckert Legal is here to help with our affordable services during this difficult time.
Our Parenting Orders Services
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.
Who can make a parenting plan?
To be a parenting plan under the Family Law Act 1975, the plan must be made and signed by both parents of the child. However, other persons, such as grandparents or step-parents, can be included in a parenting plan.
What is a parenting plan?
Many parents make their own arrangements for post-separation parenting. A private agreement specifying parenting arrangements may or may not be in writing. If it is in writing, it may take the form of a Parenting Plan. It may be negotiated between the parties themselves or with the assistance of counsellors, family dispute resolution practitioners or lawyers.
Parenting Plans are not enforceable under the law.
A parenting order is a set of orders made by a court about parenting arrangements for a child. Parenting Orders deal with who the child will live with, the time the child will spend with certain people, allocation of parental responsibility, and any other aspects of the child’s care, welfare and development.
Parties must engage in a Family Dispute Resolution process before commencing legal proceedings, unless one of the exceptions applies.
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