Barker Evans
Parenting Orders & Parental Responsibility
Understanding Parenting Arrangements in Divorce and Separation
Parenting arrangements can often be the most stressful aspects to consider when there’s a breakdown of a marriage or de-facto relationship. Decisions must be made on issues such as who the children will live with, the time each parent has with the children, schooling arrangements, who has parental responsibility for the children, and whether there are any protection or safety concerns.
The Complexity of Determining Parenting Arrangements
Determining parenting arrangements is often a complex and difficult process. Throughout negotiations, the parties and the Court must keep the child’s best interests as the paramount consideration while working out what is best for you.
Reaching Agreements
Parents are encouraged to reach agreements privately or through family dispute resolution practitioners (mediators), whereby arrangements can be formally documented in a parenting plan or with consent orders. If parties are unable to agree, the Court can make orders. However, this is often a long and expensive process.
Factors Considered by the Court
When making orders, the Court takes into consideration factors such as:
- The child’s relationship with each parent
- The child’s views and needs (depending on their age)
- The capacity of each parent to meet the child’s needs
- Whether there is a history of family violence or drug and alcohol issues
Our Parenting Arrangement Services
If you have any concerns relating to parenting or parenting arrangements, we can assist you with:
- Drafting parenting plans and parenting agreements
- Assisting with negotiating parenting arrangements
- Attending mediation with you to negotiate parenting arrangements
- Filing an application with the Federal Circuit and Family Court of Australia for parenting orders
- Representing you in Collaborative Practice
By addressing these aspects, you can ensure the best possible outcomes for your children and yourself. Contact us today for expert legal advice and assistance with your parenting arrangements.