Tips For Co-Parenting After A Separation

Sometimes parents can’t agree on how much time their children will spend with each parent because they’re either unsure of themselves or afraid of offending each other. When the split isn’t as cordial, this matter is made much more important. How would you develop a strategy for co-parenting once a parent wishes to do so? How would a family lawyer Melbourne help in such a situation?

Family conflict resolution, also more often known as mediation, via organisations like Relationships Australia, Catholic Care, or the Family Relationship Centre will be the initial stage to attend to for parents who are no longer living together. And sometimes, due to the absence of waiting lists compared to the public one, a private family conflict resolution agency can also be considered an alternative choice. Even if the parents get along well, it remains an excellent idea to go for a mediation session since it provides a neutral platform for parents to address crucial concerns related to their children. Through their family lawyers Melbourne, both sides should discuss and agree on a mutually accepted mediating body to facilitate this phase.

Resolving differences and disagreements between parents so that the children can spend scheduled time with each parent on important events like Christmas, birthdays, summer breaks, etc., is the goal of the family conflict resolution. It’s also up to the parents to decide whether or not they want to share the burden of making long-term choices about their children’s health, education, and other important matters that concern the children for the long term. Once both sides reach a mutual agreement, they must sign a parenting plan that has been drafted by the family conflict resolution practitioner, or often called a mediator. It should also be mentioned and considered that children should avoid spending time with a parent if there is any record or even a mere suspicion of abuse or domestic violence in the home.

Federal Circuit Court or Family Court cannot enforce an agreement between two parties on raising their children if one of them refuses to do so. The parenting plan is non-binding, after all. The parenting plan would be compelling enough for the Federal Circuit Court or Family Court to make a judgement based on the prior arrangements for the children if either parent elected to submit an Application to the Court. The family lawyer Melbourne of the parent compliant with the parenting plan should assure their client of the merits of following the agreement.

Children and Parenting

Consent Orders filed in the Family Court can also include a parenting plan. Both parents must sign the Consent Orders, but they are not compelled to seek a family lawyer Melbourne, although doing so is a good idea.

As an alternative, parents can themselves create the Consent Orders without mediation if they have previously agreed on the children’s time-sharing arrangement with each parent, including special occasions.

Unlike a parenting plan, parents must adhere to the Consent Orders. Otherwise, a Contravention Application can be filed with the Court if one or both parents fail to do so.

The family conflict resolution practitioner or mediator can initiate a Section 60I Certificate if the negotiations between the parties fall apart or one parent refuses to attend. Either parent in this situation can now file a petition to the Family Court or Federal Circuit Court. Unless there is an exception, such as child maltreatment, family violence, or an urgent emergency, such as a child’s recovery from the other parent, the Court does not entertain applications concerning children’s affairs without the Section 60I Certificate.

We help parents who are looking for a family lawyer Melbourne for co-parenting arrangements for their children with the writing of Consent Orders and the drafting of Court papers if no agreement can be reached during family conflict resolution.

Call us for a free call with out expert legal team!

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