Parenting

Parenting

Parenting arrangements can be difficult to agree on following a separation or breakdown in relationship. The law says that the best interest of the child is the paramount consideration in all parenting matters.

Parenting arrangements can either involve equal time where the child spends time with both parents on an equal basis or substantial and significant time including time on weekdays, weekends and holidays. The arrangements also need to be reasonably practical and ultimately in the best interest of the child.

What does the best interest of the child mean?

The best interest of the child is determined by two primary considerations, the primary consideration being the child's protection from psychological, physical abuse, harm or neglect and the subsidiary primary consideration is the benefit to the child in having a relationship with both parents.

There are further additional considerations the Court considers thereafter including the child's maturity, the child's views, the nature and relationship with each parent and other people, family violence, family violence orders, the extent to which each of the child’s parents has fulfilled or failed to fulfill their obligations, the practical difficulty and expense of a child spending time with a parent, the maturity and lifestyle of the child and the parent and other relevant considerations.

Parental Responsibility

The presumption at law is that both parents have equal shared parental responsibility to make major long-term decisions regarding the child or children. These long-term decisions concern areas like health, religion, living arrangements if it would significantly impact spend time arrangements and education and do not concern day to day decisions.

This presumption can be rebutted if one party establishes family violence or abuse or conflict preventing both parties from sharing responsibility for the child including an inability to make long-term decisions for the child or children jointly.

How can i formalise parenting arrangements?

Some parties or parents reach a parenting agreement regarding whom the child is to live with, when the child should spend time and communicate with the other parent or other parties, parental responsibility as well as other issues concerning children informally or through verbal agreement. Parenting arrangements can also be formalised by way of parenting plan or consent orders. A parenting plan is a written agreement between parents that is not enforceable whereas consent orders is an enforceable order of the Court, reached by consent or agreement of the parties.

What do I do if there is no agreement?

If parties or parents are unable to reach an agreement, the Court requires that they participate in dispute resolution before filing an application in Court. If the parties are still not able to reach agreement through mediation, then one party may commence proceedings in the Federal Circuit and Family Court of Australia. There are some limited exceptions to this rule including where there is urgency or where there is family violence and it is not safe to participate in dispute resolution.

Parenting Orders

A parent, the child themselves, a grandparent of the child or any other person concerned with the welfare and development of the child can apply for parenting orders. Parenting orders are orders of the Court which are enforceable by the Court in circumstances where one party may be contravening the orders.

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