Once you separate deciding on parenting and child custody arrangements is crucial. In our experience it is preferable to have a set agreement in place early on, rather than an informal arrangement, so that both parents and the children know what the routine will be.

The aim is always coming up with something that is in the best interests of the children. If an agreement is reached then this should be in writing.

An agreement in writing can either be in a Parenting Plan or Consent Orders. This is something that you can work on with your child custody lawyer and once agreed shows the agreement in place that clearly sets out how the children spend their time. Common topics that are covered include:

• the time the children spend with each parent each week and on weekends;
• how the children’s birthday’s look;
• what happens on school holidays;
• travel arrangements.

The law does not tell you as parents how to parent your child neither does it give more importance to one parent over the other. Whether your family is together or you are separating you have an obligation to make arrangements that are in the best interests of your child.

The approach that we take is to ensure that whatever agreement you reach is future proofed as best as possible.

If you and the other parent agree about the orders you would like for your children you can jointly submit an application to the Federal Circuit Family Court of Australia (family court). This application will be considered by a Registrar to ensure that the orders are practical and in the best interests of your children.
If the Registrar deems they are suitable then you will receive a stamped copy back from the family court.

Where no agreement can be reached the Family Law Act will usually require at least one parent to attempt to go to mediation with the other. Where agreement cannot be reached, or one parent does not wish to attend mediation, then a certificate, called a section 60I certificate, will be issued to allow the parent to make a family Court application.

The next step is then filing an application  and supporting affidavit material with the family court and this is done by drafting the document in consultation with your child custody lawyer. The orders you are seeking will need to be precise and to outline what you are specifically looking for.

The family court will always look at what are is in the best interests of the child when determining a court order. They will consider all the relevant information presented by the parties including the child in their decision. This decision is typically final and can be costly process to amend or appeal. Having the right legal advice and representation for you is vital so that your case is presented properly and you are defended from the accusations or representations from the other parent. We will give you practical and real guidance about how best to present your case to give you the best chance for your child.

Legal Advice in family matters is mostly personal and our advice not only relates to the facts of the matter, but on how to improve your chances of reaching your desired outcome. These are often practical steps that you need to take to improve your chances of success. We work with you to pre-empt issues, negate counter arguments and carefully respond to any accusations so that your case is exhaustive and well presented to the court and at mediations.

A parenting order will make the arrangement between the parties legally enforceable and clarify the legal obligations of each parent. This can relied upon if police or other agencies are called and also to set out obligations for decision making in relation to medical, travel, living and some financial arrangements. It also provides consequences for An order cannot pre-empt all future issues that may arise and can be reviewed and amended in the future by the parenting agreement or another order.

If a party breaches the court order then you will have recourse against the other parent. This is important where one parent may not be reliable or may help to keep the peace if issues are disputed.