Book Appointment Make An Enquiry
Property & Financial
Our Family Lawyers
Articles & Cases
Home Articles & Cases What do I do if we can't agree on parenting arrangements for the children?
What do I do if we can't agree on parenting arrangements for the children?
Silvio Auditore
Divorce Children International Family Law
The Family Law Act states that each parent has parental responsibility for their child up until the age of 18 years. This is the case whether you are still together as a family or separated.
Parental responsibility is defined in the Family Law Act as all the duties, powers, responsibilities and authority which, by law, parents have in relation to children. Often, parents are able to come to an agreement about their respective parental responsibilities in relation to children. This agreement can be informal in the form of a parenting plan. A parenting plan is a written agreement between parents covering the practical issues of parental responsibility such as specifying how much time a child spends with either parent, schools to be attended and extra-curricular activities. A Parenting Plan is ideal in situations where one or both parents are not sure if the proposed arrangements will work well. They can just try out the arrangements for a while to see. If things don't work out, then parents should attempt to resolve disputes about parenting matters using family dispute resolution services.
If a Parenting Plan is working well and both parents abide by the Parenting Plan, it is a low-cost amicable way to set down the rules. However, major problems can develop if one or both parents deviate from the Parenting Plan. A Parenting Plan is not legally enforceable!
In situations where parents intend to put in place long term parenting arrangements, a better way to achieve certainty is for the parents to jointly apply to the Family Court for Consent Orders regarding parenting. Once Consent Orders are made by the Family Court, they are legally enforceable. So, if one party breaches the Consent Orders, the other party can ultimately ask the Court to deal with the defaulting parent in a Contravention Application.
Usually, unless there is an Intervention Order in place, parents must attempt to resolve parenting disputes using family dispute resolution services. If an agreement is reached, then Consent Orders in the Family Court could be made. If no agreement can be reached, then the Family Dispute Resolution Practitioner can issue a Certificate pursuant to Section 60I of the Family Law Act. Such a certificate is usually required to enable a person to initiate Family Court or Federal Circuit Court Proceedings for Parenting Orders.
If you and your spouse/partner have separated and have children, then it is essential that you obtain legal advice at the earliest possible opportunity. At Melbourne Family Lawyers, our experienced lawyers can advise you as to where you stand legally and guide you through the entire process. It is best to obtain advice at an early stage to make sure that your actions do not jeopardise what you are trying to achieve. Get the best Family Law legal advice available. Telephone Melbourne Family Lawyers on +613 9670 9677 or click on the Make An Enquiry button on this page.
Back to all Articles & Cases
Related Articles & Cases
Whether there is a Sufficient Change in Circumstances to Warrant a Change to Parenting Orders
Silvio Auditore, Alison Loach
In March 2019, the Full Court of the Family Court of Australia delivered judgment in the Appeal case of Mahoney & Dieter [2019] FamCAFC 39. Alison Loach, Senior Consultant with Melbourne Family Lawyers, represented the Respondent Father. It concerns a child who was born in 2011. She was seven years old at the time of the Appeal Hearing. Read All
Impact of inheritance late in a marriage
During 2018 and 2019, Melbourne Family Lawyers represented Elizabeth in a property settlement case arising from her marriage with Jeremy of about 20 years. Elizabeth and Jeremy are both in their 50s. There are 4 children of the marriage, who were all still dependant at the time of separation. Read All
Should I change Family Lawyers in my Family Law Court Case?
Are you having doubts about whether you are being well-represented in your Family Law dispute? Read All
Can we agree on a Family Law settlement without going to Court?
Can we agree on a Family Law settlement without going to Court? This is a question asked by many clients at Melbourne Family Lawyers. The answer is both yes and no. Read All
Melbourne Family Lawyers Obtain Federal Circuit Court Injunction to Prevent Mother Taking Children from Melbourne to Western Australia
This court case came about when one of clients Eddie (not his real name) found out that his ex-wife Roma (not her real name) was intending to take their two primary school age children to live in Western Australia. Eddie and Roma had been separated since 2010 and Roma had since re-married. Since separation, the children had primarily been living with Roma at her home in Melbourne. Read All
Separation and Divorce for Retirees
Retired Baby Boomers are separating and divorcing late in life. We are seeing more people getting to a point where they cannot put up with living with their long-standing spouse or partner any longer! Whilst life was good when one or both were working and bringing up the children, spending a lot more time together in retirement apparently can test even the most solid relationship! Read All
Should I Separate Before my Rich Parent Dies to Preserve my Inheritance?
If your marriage or relationship is on the rocks and you are agonising as to whether to separate from your spouse or partner, then here is some advice which may spur you on to make a decision one way or the other. Read All
Recognition of Foreign Marriages and Same-Sex Divorces in Australia
We are often asked about whether Marriages which originated outside Australia are recognised under the Family Law of Australia. Read All
What to do if you receive a Family Law Court Application
Sometimes, the first you know about your spouse or ex-partner taking Family Law Court action against you is when a process server knocks on your door to serve you with a Court Application. Whilst a natural reaction for you may be to avoid being served with the court document, this may end up being to your disadvantage. I will explain why. Read All
Melbourne Family Lawyers Win International Parenting Dispute for Mother in Family Court of Australia at Melbourne
Alison Loach, a Senior Consultant with Melbourne Family Lawyers, advised a client that she had a strong case and that she should pursue the case all the way through to a final hearing before Justice Austin in the Family Court of Australia. Read All
Defending an Intervention Order in Victoria
An Intervention Order is a Court Order which is made by a Magistrate in the Magistrates' Court of Victoria against a person (the Respondent) who has committed family violence against a family member (the Aggrieved Family Member). Read All
Can I apply for a Divorce if I am no longer living in Australia?
Melbourne Family Lawyers represents many clients who do not live in Australia. If you are living overseas, we can still represent you and apply for a Divorce in Australia under certain circumstances. Read All
Can I move with my child to live in a different suburb or outside of Melbourne without the other parent's consent?
Some of the most frequent questions asked by clients of Melbourne Family Lawyers are concerning the issue of whether the client is allowed to take a child to live somewhere else, be that within Australia or overseas. Read All
Melbourne Family Court allows Mother and Child's Relocation to USA
In January 2015, our client, 30 year old USA citizen Miranda (not her real name) was referred to Melbourne Family Lawyers by United States Embassy staff in Melbourne, as her marriage to her 35 yo Australian Husband, Bruce (not his real name) had broken down. Miranda's legal problem was that she wanted to return home to the United States, with her 3 year old daughter, but her Husband objected to such an arrangement. Read All
The Best Family Law Advice from Melbourne Family Lawyers
At Melbourne Family Lawyers, we don't offer a "free" first consultation and use it to market our services to you. The first meeting with one of our lawyers is scheduled for one hour because we know it will take a bit of time to listen to your story so that we can understand your situation and what is important to you and what you would like to achieve. Read All
When should I apply for a Divorce?
A Divorce Order provides legal recognition of the fact that that you are no longer married. Upon a Divorce Order becoming final, you are legally free to re-marry should you wish to do so. In order to apply for a Divorce, you must firstly be separated for at least one year. Read All
Beware of Family Lawyers offering Free Initial Consultations
Have you come across the recent advertising from Family Lawyers offering "free initial consultations"? Have you stopped to think why those lawyers are doing that? Read All
Why Mediation can be better than going to Court
Mediation (also referred to as Family Dispute Resolution) is a process (outside of the Court Litigation process) in which an independent Mediator helps people affected by separation or divorce to resolve some or all of their disputes with each other. It is one of the ways in which an "out of court settlement" can be achieved even in difficult, complex or emotionally charged cases. Read All
The Question: How much overnight time should a child spend with the other parent?
This is a question clients often posed to Family Lawyers and Family Law Court judges. Whilst each parent may have a different personal (often rigid) opinion, what do the experts have to say about this? Read All
How much overnight time should a child spend with the other parent?
It used to be the case that "expert opinion" was that children under three were considered to have a primary attachment with their primary carer (often the mother) and it was best for them to spend most of their time with the parent with whom they had the primary attachment. The other parent was encouraged to have regular but frequent contact of a few hours once or twice a week. Amendments to the Family Law Act in 2006 were enacted to promote the following objectives to guarantee that the best interests of children are met. Read All
Winning International Child Custody Cases
At Melbourne Family Lawyers, we like to win the Court Cases which cannot be settled out of Court! This year we have had great success in running (and winning) two cases in the Federal Circuit Court involving young mothers wanting to return to their overseas country of origin with their young children. These cases needed to be decided by a Judge as the children's parents could not come to an agreement as to with whom, or where, the child should live. Read All
Choosing the best Family Lawyers – Is it worth travelling to Melbourne?
Many people believe that it is not worth the hassle of coming into Melbourne to get advice from a Specialist Family Lawyer. There are good reasons why Melbourne Family Lawyers is located in William Street Melbourne (adjacent to the Family Court of Australia and the Federal Circuit Court of Australia). Read All
What to Expect from a Family Lawyer
A Family Lawyer will advise you as to his or her opinion as to where you stand when applying the applicable Family Law to your particular situation. However, a Family Lawyer will never be able to provide you with a definitive outcome in your case as the outcome of your case will depend on the following. Read All
How do I settle my Family Law Custody Dispute in Melbourne if I am overseas or interstate?
The Family Law Courts in Melbourne (being the Family Court of Australia and the Federal Circuit Court of Australia) have jurisdiction to determine a Family Law dispute if at least one of the parties to the dispute is either. Read All
How do you Change existing Child Custody and Contact Orders (Parenting Orders) in Australia?
As children grow older and relationships change, a previously made Court Order concerning the arrangements for the care of a child or children may no longer be appropriate. However, the Court Order remains in force until one (or both) of the parties to the court order initiate legal action to legally change it. If both agree, whilst it is possible to informally change the ongoing care arrangements for children without changing the court orders, it may lead to problems should someone later change his/her mind. It is usually better to legally formalise child arrangements with court orders. Read All
Family Violence Safety Notices and Intervention Orders under the Family Violence Protection Act Victoria
In Victoria, legal protection is available for family members and their associates who need protection from a family member who is subjecting them to family violence. Family violence has a broad legal definition which includes abuse which is physical, sexual, emotional, threatening, economically abusive, or, in any other way controls or dominates the family member and causes that family member to feel fear for his/her safety. Read All
Which Family Law Court in Melbourne?
Clients are sometimes confused about which Family Law Court is appropriate to hear their case in Melbourne. This is understandable as there are three separate courts on the same street in Melbourne which have jurisdiction on Family Law related issues. Read All
How long does it take to get a Divorce in Melbourne?
Applying for a Divorce in Melbourne is a fairly quick process and, if handled efficiently, can be completed within three or so months of filing your Divorce Application with the Court in Melbourne. There are certain requirements before you are legally allowed to file your Divorce Application, these are: Read All
Can I move out of Victoria without a Family Law Court Order?
Whether you are allowed to move out of your current home to a new place depends on a number of factors. Read All
Can I apply for a Divorce in Australia if I was married overseas?
An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of the following pre-conditions apply: Read All
Finding the Best Family Law Firm in Melbourne
So your spouse has just announced, "It's over!" and you need to find a law firm to help guide you through one of the most stressful situations you are going to face. Where do you start? Do you go back to your local conveyancing law firm who looked after the purchase of your home? Read All
Social Networks - a Divorce Lawyer's Nightmare or Dream- depending whose side you are on!
Watch Out- Social Networks- A Divorce Lawyers Nightmare (or Dream) What you say on FaceBook or Twitter may well end up as evidence in the Family Law Courts! Read All
Parenting Orders
Section 61DA of the Family Law Act requires a Court, when making a parenting order in relation to a child, to apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parenting responsibility for the child. Read All
Collaborative Family Lawyers - What Women (and Men) Want!
Marriage is a strange phenomenon that happens to human beings. And the best part is, both the unmarried and the married are unhappy, though for radically opposite reasons, one for not being married, and the other for being married. Read All
Finding out with Family Law: Parentage Tests
Parentage tests determining the parent of the child may be needed for Family Law Lawyer matters such as child support payments, custody, access, inheritance and adoption. But with these matters, more matters arise including questions about processes and legal requirements. Read All
Family Court Stops Mother Taking Children Overseas to live
In the case of Cowley and Mendoza decided in the Family Court of Australia in July 2010, a mother of two young children aged 3 and 5 was refused permission to take those children back to her home-land of Brazil. The father was an Australian and he had met the mother whilst on a back-packing holiday. Read All
Family Law Disclosure Rules
A direct extract from Family Law Rules- Parts 13.1 and 13.2 Read All
Contact us now. We'll know what to do… Phone +613 9670 9677, make an enquiry or book an appointment.
Brighton Office
© Copyright Melbourne Family Lawyers 2020 / Sitemap / Disclaimer / Your Privacy