Children & Parenting Orders Brisbane

Children are the major focus of any Family Law related matter which is why our Family Lawyers encourage both parties to collaborate amicably and reduce the impact of the separation on your children.

A.L.F. Lawyers are your Family Lawyers in Brisbane who understand how stressful and confusing a separation and Divorce can be to children. This is the framework of our approach to work with you to obtain a fast, amicable agreement with the best interest of the children as the primary focus.

The Family Law Act stresses the importance of achieving an outcome that is in the best interests of the children. Issues which should be addressed include:

• • parental responsibility;
  • with whom the children will live;
  • the time the children will spend with each parent;
  • when the children will communicate with each parent; and
  • other general provisions regarding the care, education and development of the children.

Parenting arrangements can be made through informal agreement between the parents, by a formal written Parenting Plan or by Court Orders. Court Orders can be either Consent Orders which are agreed to by the parties or by Order of the Court following Court proceedings.

There is no easy answer to the question of which method is better. Choosing the right option will always be dependent upon the individual parties and their personal circumstances.

All parenting arrangements should deal with the following:

1. 1. Who the child will live with;
   2. The time that the child will spend with each parent;
   3. How parents consult on major long-term issues relating to the child; and
   4. Any other matter that the parties wish to address.

It is important to remember that your ability to enforce your rights under these arrangements is dependent upon the kind of parent arrangement you have entered into.

Where you are unable to communicate effectively with the other parent, it is likely that it would be in the best interest of the child that the court formalise your arrangements by Court Orders.

It is often of assistance to attend mediation with the other parent to negotiate Parenting arrangements for your children. Unless certain exceptions apply, it is a requirement that mediation is attempted before a parent can apply to the court for parenting Orders. The purpose of Family Mediation is to resolve disputes between parents in an environment which is less adversarial than through the courts. A third-party mediator will lead the mediation. This mediator, listens to both sides, helps identify the issues to be resolved, and suggests how issues can be overcome in a manner which is in the best interest of all the parties, including any children

Parental responsibility refers to all the duties, powers, responsibilities and authorities which parents have in relation to children.

Parental responsibility can be ‘equal shared’ (shared by both parents) or ‘sole’ (held by one parent). Where parents have equal shared parental responsibility, they are required to make a genuine effort to consult with each other regarding major long-term issues concerning the child. These issues may include the following:

1. 1. The education of the child;
   2. Decisions in relation to the child’s health and medical procedures;
   3. Religion and cultural upbringing;
   4. Changing the child’s name;
   5. Travel for the child; or
   6. Living arrangements for the child.

The court takes the default position with respect to children that it is in the best interest of the child for parents to have equal shared parental responsibility unless an exception applies. A common example of an exception to this is where there is family violence, whether against the child or another member of the family.

Our Team of Family and Parenting Lawyers can guide you through the legal process of seeking a fair parenting arrangement as quickly as possible.

If you would like more information on this topic we suggest that you refer to the following information:

Some examples which illustrate where a formal child agreement is appropriate;

• Where education costs are a factor and parents agree to share these costs;
• Where the child may require considerable medical care;
• Where the child requires considerable dental care;
• Where agreement is reached between parents for one parent to retain the family home, an investment or shares as part of a settlement in lieu of child support.