Family Law
FC News Blog
Child and Parenting Issues
Making arrangements for children after the breakdown of a relationship is both complex and difficult. For a matter of such importance, get the experts on your side. Contact Ferguson Cannon today on (07) 5443 6600 for comprehensive and down to earth advice.
The Family Law Act 1975 applies to children of both de facto and married couples.
It provides that both parents have equal shared parental responsibility for the care and welfare of their children except in limited circumstances. Equal shared parental responsibility relates to long term decisions for children.
If agreement cannot be reached about arrangements for the children, a party can apply to the Federal Magistrates Court for a parenting order. Matters are usually dealt with in the Federal Magistrates Court, rather than the Family Court. There is a protocol for which Court deals with which type of matters.
Who can apply for a parenting order?
This might include:
- One or both parents;
- The child or children;
- A grandparent; or
- Any other person concerned with the care, welfare or development of a child or the children.
Family Dispute Resolution
Before an Application can be made to the Court for parenting orders, the parties must participate in dispute resolution (mediation) to attempt the resolve any issues in dispute and obtain a Certificate that Family Dispute Resolution was attempted. That Certificate is valid for one (1) year and must be filed with the Court when proceedings are issued.
Providers of this service include Family Relationships Centres, Lifeline, Relationships Australia as well as private Mediators, who provided they are appropriately registered, can also provide this service.
Parties are not required to participate in dispute resolution in circumstances where there is urgency, domestic violence, child abuse or other relevant factors.
Our family law team at Ferguson Cannon Lawyers can assist you to determine whether you should participate in dispute resolution and provide assistance to you in locating a family dispute resolution practitioner or service.
What are parenting orders?
A parenting order may cover:
- Who the children live with;
- The time the children spend with each parent or with other people (if for example grandparents are making the Application);
- How parents share parental responsibility for the children;
- The communication the children have with their other parent (or other people) that they do not live with;
- Any other aspect associated with the care, welfare and development of the children or parental responsibility for the children (for example, medical treatment, and choice of school or religion).
It is also possible for you to enter into a Parenting Plan, however a parenting Plan is not enforceable in the same way as a Parenting Order, unless it is simply to vary a previous Parenting Order.
Further information is set out in a fact finder in that section of our website.
It is very important after separation, that parents make appropriate arrangements to ensure their bond and relationship with children of the relationship continue. As well as the regular time parents spend with the children, consideration needs to be given to school and family holidays, Birthdays, Christmas and other special days. It is important serious issues like the possible future relocation of one parent with the child, the child’s passport and overseas travel and other issues are also considered and addressed as part of an Order, as otherwise, serious consequences can follow later on.
We have a family law team with extensive experience in the area of children’s issues and can assist you to resolve your children’s issues. We regularly provide advice in this area and represent members of families at mediations and in Court. Please do not hesitate to contact Michelle Beatty to discuss any questions you may have. Call today on (07) 5443 6600.
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