Struggling With Parenting Arrangements Post-Separation?

Finding it tough to agree on childcare with your ex? Concerned about your children’s well-being amid legal complexities? Let our family lawyers simplify the process, outline your options, and craft effective parenting arrangements focused on your kids. Book your free consultation today!

Parenting Agreements

What Is A Parenting Arrangement or Parenting Agreement

A parenting agreement is a legal document between parents who share custody of children. The purpose of these agreements is to ensure that both parties understand what they need to do for the best interests of the child. These documents include things like visitation schedules, child support payments, and other financial obligations. Parenting agreements can take form as:

What To Consider When Making A Parenting Agreement

When making a parenting agreement in Australia, you should be aware of the laws regarding child support payments. The court may order either parent to pay for the children’s living expenses, such as food, clothing, housing, education, medical care, etc. If one parent has custody of the children, they must also provide health insurance coverage for them.

There are many things to think about when drafting a parenting agreement. Here are some examples of items that you could include in your agreement:

How To Make Parenting Arrangements / Parenting Agreements

If you want to make parenting arrangements in Australia, then please know about the different types of parenting orders available. The main types of parenting orders include sole custody, joint custody, shared parental responsibility, and no contact.

Parenting arrangements are made when parents agree on who has custody of the children after divorce.

Custody refers to where children live while they’re under 18. If parents cannot agree about custody, the court decides which parent gets custody.

Parents may also decide the level of contact between children and the parent, decisions on child parenting, the duration of time with each parent, the day-to-day responsibilities, ongoing responsibilities and other arrangements for children.

The paramount consideration in making these arrangements will always be the best interests of the child.

Who Can Be Involved In Making Parenting Agreements / Parenting Arrangements?

If there is an issue between the parents regarding the child’s care, you can involve others in making decisions about the child. You may include members of the extended family such as the grandchild’s grandmother, grandfather, aunt, uncle, cousin, sibling, guardian, foster caregiver, or another person identified by either party as having special responsibility for the child.

The Documents You Need For For Parenting Agreements / Parenting Arrangements

The documents needed for parenting arrangements in Australia include:

A declaration of paternity must be signed by both parents when they marry, and a child support agreement must be entered into between the parents after the birth of the child. If one parent wants to change the name of the child, they need to apply for a court order.

What Is The Difference Between A Parenting Agreement And Parenting Plan?

A parenting agreement is a document that sets out how parents will share parental responsibilities for children. The parenting plan is a legal document that details who has what rights and responsibilities when it comes to raising children. It is a good way to make sure that your child support assessment reconises al the care you provide. Both documents are important to ensure that children receive proper care and support from both parents. Parenting plans are not an enforceable agreement in court. Parents may continue to disagree about their parenting about their parenting arrangement. If parents would like to enter their agreement into an enforceable document, they may register a Consent Order.

A Consent Order involves the parties consenting for the Federal Circuit and Family Court of Australia to make an order about something. The court will make a Consent Order if it is satisfied that:

Parents will be obliged to do everything that the parenting order says. The Family Court can penalise someone for failing to comply with a parenting order. If you would like to change a parenting order and the other party does not agree, there are family relationship centres that offer family dispute resolution to suit the particular circumstances of the individual. If you have any questions about the process, please contact our office to talk to one of our friendly Family Lawyers.

What Are The Most Common Parenting Agreements After Separation?

The most common parenting arrangement after separation is shared custody. This means that both parents share physical custody of the child, and one parent has legal custody. Shared custody is usually awarded when parents cannot agree about how to raise the children.

The two most common arrangements of agreement between parents are:

The Impact Of Family Violence On Parenting Arrangements

In some family law matters, the other parent or the children may be at risk of harm or are exposed to family violence. The court will adopt a cautious approach and consider the welfare of children involved and the aim of family law is always to consider the best interest of the child.

Final Considerations

Decision-making for a child can be a difficult issue and it can be tough to come to a common outcome, especially where there are child safety concerns. If you cannot come to an agreement with your co-parent, you may need to seek a Family Dispute Resolution practitioner or court intervention.

Get Advice About Parenting Agreements

If you want to know what kind of parenting arrangement would be best for your family, you should talk to a child custody lawyer specialising in child custody cases. Several factors need to be considered when determining how to divide up parental responsibilities between two parents. These include whether one parent has been abusive towards the other, where each parent lives, and which parent has primary responsibility for raising children. At O’Loan Family Law, we have experienced family lawyers that can provide you with the appropriate legal advice for your parenting matters. We always provide personalised advice to clients in relation to their family law matter and aim to provide fair parenting outcomes. Take advantage of our FREE phone consultation to discuss your situation, explore your options & make a plan on what to do next.

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Our Process

Family law can feel confusing and overwhelming. We’ve broken this down to be as simple as possible. This is what the journey looks like ahead. Our simple 6-step process to resolve your matter & allow you to move forward towards a better, happier and more fulfilled life.

Step 1:
Book Your Free Consultation

Your first step is to get in touch to schedule your free telephone consultation with one of our experienced family lawyers. If you're ready to sit down with us for a longer meeting, head straight to Step 3.

Step 2:
Your Free 15-Minute Call

This is your time to speak with one of our experienced family lawyers over the phone, so that we can get to know each other and discuss the basic details of your current situation. There is no cost involved.

Step 3:
Your Initial Consultation

Spend 60-90 minutes discussing the specifics, particularly regarding parenting and property. You'll receive initial advice, a clear roadmap for next steps, identification of key issues, and recommendations for specialist consultations if necessary.

Step 4:
Your Unique Strategy

Once we have all of your relevant information, we are able to prepare detailed next steps for you, to work together with you to meet your goals and your individual circumstances.

Step 5:
Next Steps & Ongoing Support

We'll keep you informed throughout your separation journey and provide you with the support you need to be able to move forward with your life. We'll keep you updated about tracking towards your separation goals and your timeframe, so that you can properly plan for your future.

Step 6:
Resolution & Moving Forward

Lots of separated couples reach an agreement and we strive to ensure that this is your reality. However, in the event you need to commence Court proceedings, or respond to an application that your ex has commenced, we'll support you with robust strategies and continue to work toward resolution without the need to rely on the Court to make a decision about your future.

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Take advantage of our FREE CONSULTATION with an experienced family lawyer to discuss your situation, find out what your options are & make a plan on what to do next.