Divorce Advice – Parenting Arrangements
When seeking marriage breakup advice from a divorce lawyer in terms of parenting arrangements, the primary principle that will be established is shared parental responsibility. This means that until the child/children reach the age of 18 years, each parent has responsibility for the child regardless of any changes in the parents’ relationship (separation or remarrying) unless there is a Court Order specifying such responsibility. Parental responsibility under sections 61B and 61DB of the Family Law Act; consists of all duties, powers, responsibilities and authority that parents have by law.
In instances whereby parents are unable to make a decision about arrangements, the court can make parenting orders. Alternatively, if they have reached an agreement the court can approve and make consent orders.
What can Parenting Orders cover?
- who the child/children will live with
- how much time the child/children will spend with each parent and with other people, such as grandparents
- the allocation of parental responsibility
- how the child/children will communicate with a parent they do not live with, or other people, and
- any aspect of the care, welfare or development of the child/children.
Prior to applying to court you must participate in pre-action procedures including attending a Family Dispute Resolution Conference. This allows a less formal method of resolving the issue without attending court that will save time, money and stress. There are exemptions to this.
However, it is advised that you seek legal advice if you intend to make parenting arrangements in order to ensure that your rights, entitlements and obligations are identified.
Our specialist family law team can assist in providing you advice in relation to parenting arrangements following your divorce. Our Accredited Family Law Specialists are able to look at the best outcome for you and give you advice as to your legal rights and entitlements so that you have a comprehensive understanding before reaching the court stage.
For more information on Parenting and Custody Disputes, click here to see our information page.
For advice about what a divorce lawyer can do for you contact us on 1800 300 170 or email us at familylaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
