Going through a separation is an incredibly stressful time filled with great uncertainty. Arguably the most stressful aspect of this process is formalising parenting arrangements.
As an experienced family lawyer, I regularly represent clients in the Family Court and the
Federal Circuit Court on a range of parenting matters.
In circumstances where two parties agree on parenting arrangements, these can be formalised by either a Parenting Plan or Consent Orders. Parenting Plans are a flexible document and can be drafted to address a range of parenting issues such as who the child/children live with, the allocation of parental responsibility, telephone/FaceTime communication, travel arrangements, and matters involving education, health and religion. While Parenting Plans are not legally binding and are not filed with the Court, they are a persuasive document if brought before the Court as they signpost the parenting arrangements previously agreed between the parties.
Similarly, Consent Orders can also be drafted. This document is filed with the Family Court of Australia and is legally binding. Should a party breach the parenting orders, the Court has a wide range of penalties that it can impose upon the offending party from ordering make up time in compensation for the spend time lost, ordering the offending party to attend an educational program or counselling, imposing a fine or an order to pay the other side’s legal costs, or even imposing a term of imprisonment in the most serious breaches.
In circumstances where the parties cannot agree on parenting arrangements, a party must attend or attempt mediation prior to filing documents with the Court. A section 60 I certificate will be issued allowing a party to subsequently file documents seeking parenting orders. It should also be noted that grandparents are also eligible to file an application to the Court seeking parenting orders.
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Get Legal Advice For Family Consent Orders
As an experienced attorney, i can assist anyone looking to file for a Family Consent Order in the Sydney area. Should you have any concerns over parenting matters, please reach out for a no-obligation consultation. This discussion will help to determine the viability of a Family Consent Order, or whether a Parenting Agreement is possible.
Mediation for family law consent orders
As an accredited member of the AMA, I am a strong advocate for mediation as a means to resolve family disputes. Mediation is a confidential, timely and cost-effective approach where both parties can achieve a mutual agreement and avoid going to court. Under this method, a mediator’s role is to facilitate discussions between each side and explore key areas of concern that represent a roadblock to agreement. A mediator is neutral and does not take sides.
If you are interested in mediation as a way to finalise Family Law Consent Orders, please reach out today.
