When relationship breakdown, divorce or separation has
When it comes to parenting arrangements and children’s issues upon separation, there are a number of ways that agreements can be reached, including:
If both parties can come to an agreement in terms of how the child will be cared for, then a Parenting Plan can be developed. Parenting Plans can be made by negotiation or follow successful Family Dispute Resolution. At White Berman Barristers & Solicitors, we provide legal advice and assistance about all children’s issues.
A Parenting Plan should include such information
While couples do not need to go to Court to work this out, for the agreement to be legally valid and enforceable, an application to the Court for a Consent Order must be made. In other words, a Parenting Plan is not legally binding; however, a Parenting Order is legally binding. At any time, a new Parenting Plan can be made,
If you or your partner cannot reach an agreement as to child arrangements or specific children’s issues, an application for a Parenting Order from the Courts can be made. In order to apply for a Parenting Order, however, parties have to go to Family Dispute Resolution.
Family Dispute Resolution (FDR)
All parties, prior to making a Court application, must participate in Family Dispute Resolution. In certain situations, such as family violence or risk, Family Dispute Resolution is not required. An independent, third-party Family Dispute Resolution Practitioner helps parties work through children’s issues and come to an agreement. If successful, the practitioner provides a certificate, which is then submitted when the Court application is made.
Parenting Order / Consent Order
If no agreement can be made, the Court will provide a Parenting Order. In doing so, the Court will decide what is in the best interest of the child and the child’s own views. A Court hearing must then be attended. Once the Consent Order has been approved by the Court, it becomes a Court Order. As a legally binding document, if the Consent Order is breached, action can be taken by the other party.
A highly experienced team, at White Berman Barristers & Solicitors in both Adelaide and Modbury we have helped many families with children’s issues when going through separation or divorce. Contact us today to talk to one of our family law specialists about your legal matter.