Understanding Parenting Issues in Family Law
After the breakdown of your relationship, one of the most important issues that you need to consider is to have appropriate arrangements in place for your children. Family law requires that all parties must act in the best interest of the children.
Parenting arrangement deals with important issues regarding children such as where the children will live, who the children spend time and communicate with, how those with parental responsibility will communicate with each other etc. If you negotiate with your ex-partner about these issues and reach an agreement, you do not need to go to Court to formalise your agreement. Such agreed terms can be documented in writing either in a Consent order or in a Parenting Plan.
Parenting Plan and Consent Order:
One of the most important differences between a parenting plan and consent order is that where parenting plan can not be enforced by Court, a consent order can be enforced by Court. The other main issue to consider is that a parenting plan is flexible and it can be changed by entering into another parenting plan based on the changing circumstances of the parties without involving the court. But to change a consent order, a separate application to the court is required.
Application for Parenting Order:
If you are unable to reach an agreement about your children with your ex-partner, you need to make an application to the Court for a parenting order. In making a parenting order, the court must consider the best interest of the children. In considering the best interest of the children the court will look at primary and additional considerations which are set out in The Family Law Act. A parenting order is legally enforceable and there can be serious consequences for failure to comply with the parenting order.
If you need professional assistance in relation to your family law matter, you could contact us on (02) 8379 1811 or email: email@example.com