Worried About Parenting Arrangements?
If you are going through separation and have children, then their future parenting arrangements are likely to be a big issue. You need to resolve issues of their care, accommodation and financial support and what time they will spend with each of you.
This can be a major challenge. Particularly if the children are little or have special needs. Or if there has been violence or major conflict. Or if there are issues of the capacity of one parent to care for the children. There are a myriad of problems which can arise.
However, most parents are able to navigate and resolve parenting issues successfully. Parents love their children and want what is best for them and are prepared to make the arrangements and sacrifices to ensure this happens. They recognise children need to have a close relationship and spend significant time with the other parent, and they support the children’s close relationship with the other parent, regardless of their own personal feelings, (except if there are exceptional factors relating to safety).
What is vital, is for parents to come to their own agreements as to parenting arrangements. They need to keep children out of disputes, whilst sensitively taking into account the child’s own views. They do what is best for their children’s welfare and would never use the children for their personal advantage in family law proceedings. Parents know what is best for their children and the courts will support whatever decision they come to.
There are good resources to assist parents come to parenting agreements. There are the many government-funded Family Relationship Centres and many private child experts and family dispute resolution practitioners. But getting good legal advice and assistance at an early stage is extremely helpful.
It is important for parents to come to agreements as to parenting issues as quickly, effectively and inexpensively as possible. Then enter into binding Consent Orders filed on the court portal or enter into their own personal promises and commitments contained in a Parenting Agreement. It is vital to stay out of court, if at all possible. The Federal Circuit and Family Court of Australia is there to assist if need be. But it should be the last resort. It is far better to come to a parenting agreement yourself with the other parent, if you possibly can.
So, what are some of the important things to consider, when coming to a parenting agreement?
They are conveniently summarised in Part 7 of the Family Law Act from sections 60 to 70. But there are 7 major stepping stones on the pathway for parents to come to a suitable parenting agreement. These can be summarised as follows.
Parents must do what is in the child’s best interests (section 60CA). That is the paramount consideration. It is not necessarily what is fair or convenient.
Consider the principles and objectives as set out in section 60A. This includes ensuring that children have the benefit of both their parents having a meaningful involvement in their lives to the maximum extent consistent with the best interests of the child. Children should be protected from violence, abuse and neglect. Parents should jointly share duties and responsibilities and come to agreements about future parenting. Children have a right to enjoy their culture and that of their parents.
In considering the child’s best interests, there are two primary considerations in 60CC (2). The first is the benefit of the child having a meaningful relationship with both parents. The second is protecting the child from violence, neglect and abuse. If there is a conflict, the latter considerations prevail.
There are 15 additional considerations in 60CC (3) to take into account including the child’s own views and other practical considerations.
The presumption in 61DA that the parents having equal responsibility for making major decisions as to the child’s welfare, in the absence of violence.
If so, in 60DAA, the courts must consider the child spending equal time with each parent if this is reasonably practical, and if not, then spending substantial time if that is reasonably practical.
This may sound a bit complex. But really the seven stepping stones provide a clear pathway in helping parents come to sensible parenting agreements.
Coming to a sensible parenting agreement is part of obtaining a successful separation. This is the objective I suggest you aim for, following the breakdown of a marriage or relationship.
I have set this out in our free eBook “Lawfully Uncoupling - 9 Steps to a Successful Separation”.
If you are interested in avoiding the many traps and pitfalls in family law and ensuring you have the right parenting arrangements in place, get in touch today for a free 20 minute confidential consultation
We would be delighted to assist you.
