Decisions regarding the children of a marriage or a de facto relationship are dealt with under the Family Law Act 1975. Parties can seek orders from the Family Court or the Federal Circuit Court of Australia (depending on complexity and likely length of trial) in relation to where children should live and how much time they should spend with each parent or other significant adults in their lives.
Agreement reached
If you and your former spouse have reached agreement in relation to the future care of your children you can enter into a parenting plan. A parenting plan is a written agreement that sets out parenting arrangements for you children. If you can agree to a parenting plan you do not need to go to court. However, a parenting plan is not legally enforceable. This means that if a party to the agreement does not adhere to it you will have no recourse to court to enforce the plan.
An alternative to a parenting plan is a “Consent Order”. A Consent order is a written agreement that is filed, approved and ratified by the Court. A consent order can also cover property matters.
A consent order is legally enforceable.
CCS Lawyers can assist you in all aspects of obtaining a Consent Order.
Agreement not reached
If you and your former spouse cannot agree on the parenting arrangements for your children you will need to make application to the Court to make orders for the children.
There are a number of steps involved in Court proceedings and these will differ depending on the facts of each case but they can typically involve the following steps:
Step 1: Prior to making an application in the Family Court you must follow pre-action procedures. For parenting orders you need to attend compulsory Family Dispute Resolution and obtain a certificate from a registered Family Dispute Resolution provider.
There are some exceptions for cases that involve family violence, child abuse or urgency.
Step 2: If the matter does not resolve at FDR you can file an Application with the Court.
Step 3: The matter is then listed for a first court hearing generally for procedural orders to determine interim matters and to determine how the matter will progress through court.
Step 4: Child Dispute resolution involving a family consultant.
Step 5: Preparation for a final trial or hearing or, in some cases further additional court hearings or appointments.
Step 6: Final hearing or trial.
Going to court is a stressful and expensive alternative to agreement but we understand that sometimes it is the only way that a dispute can be resolved.
At CCS Lawyers we can assist you from the time you separate to agreement being reached or final orders being made by the Court.
Alternatively, depending on your confidence and preference we are also available to assist through the different stages of the proceeding as and when required and allow you to do-it-yourself (DIY) if you prefer.
CCS Lawyers can also assist in enforcement and non-compliance proceedings in cases where a party to a Court Order contravenes an order or in cases where a recovery order is required.
We charge $250 for a first consultation (payable on the day) to discuss your matter and provide you with options to proceed.
Please do not hesitate to contact us to enquire further.