Divorce

Separated or divorced and looking to spend time with your children this Christmas season and don’t have Court orders in place?

The pain of not being able spend time with your children during Christmas season can be excruciating for you as a parent. We understand that there is nothing more important to you than making this holiday season special for your children. However, being separated or divorced, especially with no Parenting Orders from the Court providing for Christmas holiday time with your children can be incredibly challenging. You might have serious disagreements with your former partner over the time your children are to spend with each parent.
With no clear agreement, the differences between you and your former partner might involve:
a. How your children are to spend their 6-week holiday period?
b. How your children are to spend Christmas Day if the day is to be shared?
c. Can your former partner disallow you from seeing your children?
d. Can your former partner travel overseas with the children without consulting you?
e. Can your former partner unilaterally change the informal arrangement for the children agreed upon?
If there are no Parenting Orders in place with regard to how your children are to spend their Christmas holidays, then Rule 5.01A of the Family Law Rules 2004 (Cth) may assist you if you file an application before the Family and Federal Circuit Court “before 4:00 PM on the second Friday in November of the application year” .
Therefore, if you are looking to spend time with your children this Christmas School holiday period and cannot come to an agreement with your former partner, you will need to approach the Court before 4:00 PM, 13 November 2020 with your application for a Parenting Order.
If you have a family law matter, contact one of our experienced family law solicitors on (02) 9920 1787 to discuss how we may assist you to achieve a favourable outcome. Pannu Lawyers extensively practice in Family Law and regularly appear at Courts throughout New South Wales such as Federal Circuit Court Parramatta, Family Court of Australia Parramatta, Federal Circuit Court Sydney, and Family Court of Australia Sydney.

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