Ongoing care arrangements for children do not have to require the intervention of the Childrens Court. If you and your former partner can reach an amicable agreement between yourselves, there are two ways in which you can finalise your arrangements. These are:
- Parenting Plan – A Parenting Plan is a written agreement between parties. A Parenting Plan is not filed with the Court and can be prepared with or without legal assistance.
- Consent Order – A Consent Order is a written agreement between the parties. A Consent Order must be filed with the Court and it is at the discretion of the Court as to whether they consider the agreement should be made into an order having regard to what it is in the best interests of the children.
Customised advice or orders set out clear guidelines for all parties to adhere to, to help make living your life as peaceful as possible. As a bare minimum, parenting plans and consent orders should include guidelines regarding:
- who the children are to live with;
- who the children are to spend time with;
- how and when the children will communicate with each parent;
- arrangements for school holidays and special days such as Christmas, Easter and birthdays;
- where the children are to live including seeking orders for relocation;
- overseas travel arrangements; and
- how educational and medical information is to be exchanged.
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Forge Legal’s Family Law Division, is best placed to assist you with all facets of your family law matter involving your children. We regularly assist separated couples to negotiate ongoing care arrangements for children and formalise any agreements by preparing consent orders or Parenting Plans.
Unfortunately, not all separations are amicable. When the other party is being completely unreasonable, it is sometimes necessary to initiate proceedings in the Family Courts. Our experienced team knows the ins and outs of Family Law and the Courts, and regularly formulate winning strategies to maximise your chances of success. Our team are renowned for their many successes in even the most complex matters involving:
- Seeking and defending Contravention Orders;
- Magellan matters involving child abuse;
- Grandparent Applications;
- Hague Convention Applications.
We also understand that separation can be emotionally draining for you and your family. Our pledge to you is to assist you through the legal process as quickly and painlessly as possible.