Children’s Arrangements
Separation can be painful for everyone involved, especially children. During this challenging time children need support, love and contact with both of their parents and other significant people, such as grandparents. Some certainty for the future is also important for everyone.
The family law system encourages separating parents to work out arrangements for children between themselves without having to go to court. One way by which parents can set out the arrangements they wish to put in place for their children is to make a Parenting Plan. A Parenting Plan is a written agreement between parents covering practical issues of parental responsibility.
Simple Separation offers 3 methods for helping families resolve their parenting arrangements.
1.
Parenting Plan for 2
Most suited to a parents who are amicable and collaborative.
The “Parenting Plan for 2’ helps parties develop parenting arrangements stress-free, with the help of a neutral and impartial third party facilitator.
A third party facilitator will help parties identify where they are in agreement and where they are in dispute, helping to bridge the gap and come to an agreement (via phone and email with each party separately).
This Parenting Plan can be made into a legally binding document such as a Parenting Consent Order if necessary.
2.
Family Mediation
Most suited to medium to high conflict situation.
Family Mediation is a way of resolving parenting disputes (instead of using family law courts) between couples in conflict, facilitated by a Family Dispute Resolution Practitioner.
There is an option for the mediated Parenting Plan to be later formalised into a legally binding ‘Parenting Consent Order’.
3.
Run your own case
Most suited to high conflict situations.
If parties are unable to reach agreement and court is a likely option, Simple Separation offers an online program enabling you to run your own case (Self-Representation) in court, saving you thousands of dollars in legal fees.
You will have access to a qualified lawyer to help you prepare your own court documents, provide you with legal advice and guide you every step of the way of your court case.
*Australian Family Law makes it compulsory to attempt Family Dispute Resolution (mediation) before filing for parenting orders in court. Section 60i Certificates are required to lodge a children’s matter with the Family Court of Australia. If you are unsuccessful in mediation, you will be provided with a S60i certificate.
What is a Parenting Plan?
A Parenting Plan is a written agreement between parents covering practical issues of parental responsibility. A Parenting Plan puts the best interests of the child(ren) first. It is drawn up in goodwill with a shared commitment to your children and their future firmly in mind. The plan will detail practical decisions about children’s care in such areas as; education, living arrangements, finances, religion, medical and travel. A Parenting Plan is not legally enforeceable but is a legal document that can be relied on as evidence in court if necessary. Read blog on The Importance of a Parenting Plan here.
What is a Parenting Consent Order?
If both parents agree on children’s arrangements, Simple Separation can assist in making the Parenting Plan into legally binding Parenting Consent Orders, in the terms of the Parenting Plan. This gives the Parenting Plan the same legal effect as an order made by a court.
What is a Parenting Order?
If you cannot agree on arrangements for children, your only option is to have the Family Court decide and issue you a Parenting Order, whereby the judge makes the decision for you. You have the option of obtaining legal representation or run your own case. Read blog on Self-Representation. Contact Simple Separation to find out more about preparing your own court documents and running your own case, avoiding the financial strain of legal fees.
