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Formalising Parenting Arrangements
Parents may agree on parenting arrangements and record them in a Parenting Plan, a written, signed agreement covering matters such as where children live, time with each parent, communication and decision-making. However a Parenting Plan is not legally enforceable.
If parents want their agreement to be legally enforceable, they can ask the Court to make Parenting Orders by consent. If they cannot agree, either parent may apply to the Court to determine the arrangements.
Parenting Arrangements and Child Support
Parenting arrangements focus on the practical care and wellbeing of children following separation, including where they live, the time they spend with each parent, communication, decision-making and other aspects of their care and development.
Child support is dealt with separately from parenting arrangements and relates to the financial support provided for children. Each are separate legal matters that may each need to be addressed following separation. Find our more here: What does child support cover?
How Courts Determine Parenting Arrangements
Where parents cannot agree, the Court determines arrangements based on the best interests of the child, including their safety, wellbeing, developmental needs and individual circumstances. Our family lawyers provide practical advice tailored to your family, access to trusted support professionals where needed, and experienced representation in complex or high-conflict matters.
We know this process can be overwhelming, and we have explained many of the new terms you may encounter in our Glossary of Legal Terms.
Dispute Resolution Requirements
- Before applying to the Court for parenting orders, parents are generally expected to attempt dispute resolution, such as mediation or counselling.
- If dispute resolution does not resolve the matter, a certificate confirming that the process has been attempted may need to be filed with the Court.
- In some circumstances, such as urgent safety concerns or other serious issues, the standard dispute resolution requirements may not apply.
Key Factors the Court Considers
- The Court considers what arrangements will best support the child’s safety, stability, development and day-to-day care into the future.
- This may include parenting capacity, home environment, communication between parents, and the ability to support the child’s routines and relationships.
- The Court may consider the child’s current arrangements, important relationships and any views expressed by the child, depending on their age and maturity.
Frequently Asked Questions
Family lawyers provide a wide range of legal services. They cover areas like divorce, property settlements, child custody, and spousal maintenance. Family law lawyers can help guide you through the complexities of separation and ensure your rights are protected. They are experts in negotiating and mediating settlements that suit all parties involved.
A family lawyer can assist you in navigating child custody arrangements. They provide legal advice and work to achieve the best outcomes for you and your children. Whether you are seeking sole custody or shared custody, family law lawyers will help outline a parenting plan. They can also represent you in court if needed.
The cost of hiring a family lawyer can vary. It depends on the complexity of your case and the lawyer's experience. Some family law lawyers charge hourly rates, while others offer fixed fees for certain services. It’s essential to discuss fees upfront to avoid unexpected costs during the process.
You should contact a family law expert as soon as you face any family-related legal issues. Whether it's for separation, divorce, or child support, family law lawyers in Melbourne can provide immediate legal advice. Early consultation ensures you are informed about your rights and options from the outset.
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Please note: The information on this page is provided for general information purposes only and does not constitute legal advice. It is not intended to be comprehensive or to apply to any specific circumstances. You should seek independent legal advice before acting on any information contained on this page.
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