Child Custody (Parenting) matters
Parenting matters which are often referred to a custody matters are usually very emotional and difficult ties for the family unit. Our Lawyers will help you navigate this difficult period so you can get back to focusing on you and your loved ones.
How can we help?
When couples separate and need to decide how their child or children will spend time with each parent, there are four ways to proceed, they are:
1. Informal Agreement;
2. Parenting Plan;
3. Orders by Consent; and
4. Orders by the Court.
Parents can enter into a parenting plan, which is an agreement in writing with respect to the parenting of a child. The parenting plan may deal with one or more of the following:-
(a) the person(s) with whom a child will live;
(b) the time the child is to spend with another person(s);
(c) the allocation of parental responsibility for the child;
(d) if 2 or more persons are to share responsibility, the form of consultations those persons are to have with each other about the decisions to be made in the exercise of that responsibility.
(e) the communication a child is to have with another person(s);
(f) the maintenance of a child;
(g) the process to be used for resolving disputes about the terms of the plan;
(h) the process to be used in changing the plan;
(i) any aspect of the care welfare or development of the child or any other aspect of parental responsibility for the child.
Orders made by Consent are appropriate where a level of certainty may be required. Consent Orders are formal written instruments that are approved by the Court and are therefore are enforceable if not adhered to.
Orders made by the Court are usually the last resort when negotiation and compulsory mediation has failed to resolve the matter. The Court will have regard to equal shared parenting provisions of the Family Law Act when determining what amount of time a child or children will spent with each parent.