Following relationship breakdown, the care of children can be divided between both parents (or legal guardians). In some cases, parents may reach a mutual agreement that incorporates the care of their children. These non-legally binding agreements are known as Parenting Plans. In some instances, parents may seek the advice and guidance of experienced third parties to negotiate or mediate contentious details of Parenting Plans. At 360 Legal, we have helped countless families draft and integrate their Parenting Plans into their lives. In the event that there are any disputes regarding the Parenting Plan, we advise on points of contention to ensure the longevity of the Parenting Plan.
In other cases, resolution may not be feasible due to irresolvable disagreement between parents or domestic violence. As such, the Court will impose a Parenting Order/ Court Order which has the effect of being binding on both parents. In such instances, the Court’s will place the best interests of the child above any other concern. The Court will consider a number of factors including but not limited to:
● Protecting the child from harm
● Ensuring the child has beneficial relationships with both parents
● The relationship of both parents with the child
● The impact of changed circumstance on the child
● The capacity of each parent to look after the child
● The child’s preference/view
If both parents agree, but require a binding agreement, we will prepare the consent order based on the agreement reached and have it sealed before the Court without either parent having to attend Court. In this way, the Court will not decide which arrangements are most suitable. At 360 Legal, our team of experienced solicitors will exhaust all non-contentious avenues such as mediation, negotiation and conciliation before resorting to the Family Court of Australia or the Federal Circuit Court. No matter which stage of the resolution process you are at, we will advise you on your rights, responsibilities and how you can best manage your child’s interests.