Parenting Agreements and Time With Children After Separation

Transcript

Access to Children and Parenting Agreements in Australia Children who are supported and encouraged to maintain a relationship with parents, grandparents and other relatives can adapt to a changing family situation with greater ease. Reaching an amicable agreement for access to children is not always possible and in some situations a parent may need to apply to the Family Court or the Federal Circuit Court for Orders outlining parental responsibility and visitations.

Parenting Plan vs Consent Order If the parents can agree on the care arrangements and access to children after a divorce or the breakdown of a de facto relationship then a parenting plan should be made or consent orders obtained. Parenting Plans are written agreements which are signed by both parents and sets out the agreed arrangements for access to the children. This agreement not only outlines each parent's responsibility and rights but can also include details of child support payments.

A parenting agreement is not a legally enforceable agreement and is not to be confused with a parenting order made by the court. The requirements of a parenting plan are outlined in section 63c of the Family Law Act 1975. A written agreement approved by the court is known as a consent order and covers parenting arrangements, child maintenance and financial arrangements if required. This is a legally enforceable agreement and holds the same weight as a parenting order made by the court after a hearing.

Parenting Plans are often entered into and drafted during a successful mediation. However, it is recommended that this agreement be transposed into a consent order and filed and approved by the court, applying to the court for access. If you cannot agree on parenting arrangements then you may need to apply to the courts to obtain a parenting order outlining parental responsibility and access. Before doing so, you must have attempted mediation in the hope of reaching an agreement.

A copy of a certificate from an accredited family dispute resolution centre must accompany the application. The requirements of a parenting order and who may apply are outlined in section 64b of the Family Law Act 1975. A parenting order can deal with many issues including who the child should live with, the time the child is to spend with the other parent, the allocation of parental responsibilities, how the child will communicate with the other parent, the payment of child support and any aspect of the care, welfare or development of the child.

A parenting order can also be applied for by the grandparents. If your matter is complex then the application should be filed with the family court. However, all other applications should be filed with the Federal Circuit Court. Moving away with children. If one parent is planning on moving away with the children and this is going to limit the time the other parent can spend with them then a court may not give permission to do so.

The parent who is moving should consider applying to the court prior to the move for a relocation order. The court will consider what is in the best interest of the child before granting permission to move away from the other parent. If the other parent wants to stop the move then they can apply to the courts to prevent the relocation. The costs involved in one parent needing to travel to visit their child or children or vice versa can be taken into account when assessing child support liabilities.

Travelling overseas with children. If a parent is planning to take the children overseas they need to get written permission from the other parent even if they already hold a passport. If the child doesn't hold a passport then both parents need to sign the passport application providing consent for the child to obtain one. Providing consent for a passport does not mean that the parent incents to international travel and on each occasion permission needs to be obtained from the other parent.

If one parent won't sign the application then the other parent can write to the Department of Foreign Affairs and Trade for them to consider issuing a passport due to special circumstances. If this fails then an application to the Federal Circuit Court will have to be made for an order allowing the child to travel internationally. If a parent is concerned that a child may be taken from Australia without permission an application can be made to the court for one of the following orders preventing a passport to be issued, requiring the passport to be delivered to the court or placing the child's name on the AFP Airport Watch List which prevents them from leaving the country.

Recovery Order If the child is not returned after a scheduled visit then an application can be made to the Federal Circuit Court for a recovery order under section 67Q of the Family Law Act 1975. A recovery order can authorize a police officer to take appropriate action to find, recover and deliver a child to the persons named on the order. What to do next If you or someone you know is dealing with a family law concern it is important to obtain legal advice quickly.

Go To Court Lawyers operate a legal hotline on the retired Go To Court contact number (omitted) where you can talk direct to a lawyer 7am till midnight 7 days a week. Your call will be treated with the strictest confidentiality and without judgement. The lawyer will assess your matter and recommend a course of action. Should you need a court lawyer even if it is at very short notice the legal hotline staff will be able to arrange legal representation for you. You can also request a call back via the website gotocourt.com.au and a lawyer will call you back to assess your matter.