Parenting – Andrews Family Law https://andrewsfamilylawyers.com.au Mon, 15 Jul 2024 05:49:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.1 https://andrewsfamilylawyers.com.au/wp-content/uploads/2023/11/favicon-blue.svg Parenting – Andrews Family Law https://andrewsfamilylawyers.com.au 32 32 Child custody arrangements, do you understand the differences? https://andrewsfamilylawyers.com.au/child-custody-arrangements/ Sat, 13 Jul 2024 10:10:13 +0000 https://andrewsfamilylawyers.com.au/?p=6291

When you’re dealing with child custody arrangements of your child, it’s crucial to get the process correct. Decisions around parenting arrangements have long term effects on children and co-parents. There are different options available. We want to use this article to ensure you understand the best plan for you and your family. 

Documenting parenting arrangements

Decisions around parenting can be documented formally or informally.

Informal arrangements

If parents are on good terms, they can draft a parenting plan to document their agreement. While this option can work for some, it has risks. Since parenting plans aren’t legally enforceable, it’s difficult for a parent to hold their former spouse accountable if they breach the agreement.

Court order

The other option is to apply to the Court for a court order. If the parents have an existing parenting plan, this can be formalised through a consent order. This is generally recommended for the benefit of the child.

If parents can’t agree on an arrangement, they’re required to attend family dispute resolution to mediate their differences. If dispute resolution doesn’t produce a suitable outcome, the Court can grant parenting orders that meet the best interests of the child.

Types of Child Custody Arrangements in Australia

There are many ways to arrange child custody in Australia. There are two primary custody areas: physical custody and legal custody.

Legal custody

Legal custody refers to a parent’s right to make decisions affecting the child’s life. In the Family Law Act, this is referred to as parental responsibility.

Parental responsibility

The Family Law Act defines parental responsibility as all of the duties, powers and authority that parents have in relation to their child. The Family Court previously assumed equal shared parental responsibility to be in the child’s best interests. This meant that both parents had an equal say in major long-term decisions such as their child’s education, healthcare and living arrangements. However, it no longer starts from this position. Regardless, we recommend co-parents find a way to both maintain a meaningful relationship in their child’s life.

parental responsibilities

Physical custody

Physical custody refers to the child’s living arrangements. Parents can choose for the child to live primarily in one residence, or share physical custody.

Joint custody

Parents can decide that the child will split their time between two residences. This can work, but there are many factors you should consider before choosing this option.

Proximity. If you don’t live in close proximity to the other parent, it can make splitting living arrangements difficult and stressful for children.

Parental capacity. Are both parents able to accommodate caring for their child on a regular basis? For example, if one parent travels a lot for work, these arrangements may not be appropriate.

Specific needs. If a child has specific medical requirements or other needs, traveling between residences regularly may be inappropriate.

Full custody

Often, full custody will be granted to one parent. This can be the best arrangement for various reasons.

Preference. One parent may not be inclined to have the responsibility of having their child live with them.

Availability. If a parent cannot be present to take on parental duties, then the other parent having full custody would be best.

Historical roles. One parent may have performed the role of primary caregiver during the relationship. Maintaining this continuity with full custody may be best for the child.

Family violence

One major determining factor in full custody arrangements is the existence of physical or psychological harm. The likelihood of a child experiencing or being exposed to child abuse is a primary consideration when deciding on parental responsibilities in the Family Law Act.

Conclusion

Many divorces involve a child under the age of 18. In these circumstances, the child’s parents must consider how to organise their parenting responsibilities. You can document the arrangement informally or through court orders depending on the situation. Custody arrangements cover the decision-making responsibilities of each parent, as well as where the child will live. Living arrangements can be shared by the parents, or be given solely to one parent.

If you’re organising child custody arrangements for your child, it’s important to seek legal advice. Contact our office for a free consultation.

]]> How Long Does Court Take for Child Custody? (What Parents Should Expect) https://andrewsfamilylawyers.com.au/how-long-does-court-take-for-child-custody/ Mon, 10 Jun 2024 04:17:36 +0000 https://andrewsfamilylawyers.com.au/?p=5966

Child custody cases are some of the most sensitive in family law. When organising parenting arrangements, the Family Law Act requires the Family Court to prioritise the child’s best interests. Parties often wonder how long does court take for child custody as they aim to settle parenting matters as quickly as possible.

This article will explore the timeframe you can expect to face and the complications that can arise.

Child custody timeline

The easiest and quickest way to make parenting arrangements is through a consent order. Parenting consent orders provide co-parents a way to organise parental responsibility cooperatively.

With a properly completed application, the Court will usually process the application within around six to eight weeks.

Here’s the basic timeline to follow.

Consent orders

Seek legal advice

It’s not necessary to obtain legal advice before applying for consent orders. A family lawyer will smooth the application process, though.

Preparing and filing documentation

There are two essential documents you must file to get a parenting consent order. The first is a Notice of child abuse, family violence or risk. This form is part of the Court’s responsibility to report to authorities. It covers the following:

  • Allegations of child abuse or a risk of child abuse.

  • Allegations of family violence or a risk of family violence that amount to abuse of a child.

The other document is the application itself. The application will cover how major long-term decisions will be made regarding crucial parts of your child’s life. The application can then be filed online through the Commonwealth Courts Portal.

For more information on how to prepare a consent order, visit and read our blog titled “How to Prepare for a Consent Order? (Important Steps for a Smooth Process)”

Preparing for the requirements for a consent order

Discover: Understanding Child Custody Laws in Australia

Parenting orders

Some parents fall into custody battles because one or both parents can’t accept proposed custody arrangements. This means that court proceedings will settle the matter.

The Family Law Court will add delays to the process. It’s vital to have professional support.

Pre-action procedures

Parties seeking to begin a court action must make a genuine attempt to resolve the matter amicably. This involves inviting the other party to participate in alternative dispute resolution, such as mediation or counselling.

If these actions are completed without success, you will receive a Genuine Steps Certificate to recognise you have satisfied the pre-action requirement.

Some applications are exempt from this requirement. Such applications include:

  • Urgent applications.

  • Applications that include allegations of family violence.

  • Applications that would be prejudiced by pre-action procedures.

Initiating application

The applicant must file an initiating application to begin the action for parenting orders. You may apply for interim orders simultaneously if you feel it’s necessary. Interim orders put a temporary order in place while the Court considers the final orders. If you’re applying for interim orders, you must attach an affidavit stating their reasons.

The respondent may file a response to the application, setting out their case. The response must be served on the applicant through ordinary service and any independent children’s lawyers appointed.

application in family law court

First court hearing

The first court date is usually set for six to twelve weeks after filing the initiating application. The Court will make procedural orders regarding the next step in the proceedings and what actions the parties must take.

Interim hearing

A date will be set to decide on an interim order if one party applied for one. The Court will consider the affidavits submitted by the parties and the oral submissions of their family lawyers.

Child dispute conference

The parties will meet with a court-appointed family consultant to try and reach an agreement. After the conference, the consultant will prepare a report summarising the issues and their recommendations for proceeding. For example, they may recommend the Court appoint an independent children’s lawyer to represent the child.

A copy of the report will be provided to each party’s lawyer, the judge and the parties.

Final hearing

A final hearing will be set if the parties still can’t agree. The Court endeavours to hold the final hearing no later than 12 months from the initial application. This hearing may take between one and three days. The judge will read affidavits provided by each party and their witnesses. The parties will give an oral address, and each lawyer will have a cross-examination.

The judge may make a decision immediately or within three months. The process can last approximately 18 months or even two years.

final court hearing

Conclusion

With the child’s best interests in mind, parties should take every opportunity to make a parenting agreement. The Court can usually organise consent orders in six to eight weeks. However, disputed cases can run on for months or even years.

We offer free consultations if you need help with a consent order

Book a FREE Consultation

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]]> Know the Pros and Cons of Binding Child Support Agreements (Guide for Parents) https://andrewsfamilylawyers.com.au/binding-child-support-agreement/ Fri, 17 May 2024 06:59:07 +0000 https://andrewsfamilylawyers.com.au/?p=5538

When parents get a divorce, it’s best that they consider whether child support is necessary. You need to carefully think about custody arrangements for the best interests of the child. Sometimes, parents will share parenting responsibilities equally.

However, usually, one parent will become the primary caregiver. If that parent isn’t as financially well off as their former partner, the Court may require the former partner to pay child support. There are different ways to organise periodic child support payments.

In this article, we’ll look at binding child support agreements and analyse their advantages and disadvantages relative to other options.

Key takeaways

  • A binding child support agreement provides financial support for a parent with parenting responsibilities.

  • Parties must agree to the terms, meet a minimum threshold of care and receive independent legal advice.

  • Percentage of care comes in various levels depending on how many nights the child spends with you.

  • You may need to provide proof of your percentage of care to Services Australia.

  • Advantages include flexibility in how the agreement is drafted, security in the agreement remaining in place and sound legal advice.

  • Disadvantages include being potentially costly, locking parents into an arrangement for a significant amount of time and potential issues caused by poor drafting.

What is a binding child support agreement?

A binding child support agreement is a way for parents to arrange support payments for the benefit of their children. There are certain criteria the parties must satisfy before the agreement will be considered legally binding.

The support can be paid as a lump sum or ongoing payment. If you opt for a lump sum, you’ll need to get an assessment from Service Australia. They will use an 8-step formula to determine the amount payable.Father holding a child's hand

Legal requirements

Here are the requirements to make a binding child support agreement legally enforceable.

Agreement

Both parties must agree to the amount of child support payable to the receiving parent. The agreement can’t be made through force or undue influence.

Care percentage

In order to receive support payments, you must meet a minimum threshold in the amount of care you provide. Services Australia is Australia’s child support agency. According to them, a parent must provide at least 35% of care before they can get child support.

Legal advice

Parties can’t enter an agreement alone. Before signing anything, each party will get independent legal advice from a child support lawyer. The lawyer ensures that their client knows what their rights and obligations will be under the terms of the agreement.

The lawyer’s advice will also ensure the parties involved understand the agreement’s effects and how its terms impact their interests. The lawyer will provide a certificate stating that the legal advice was given.

Learn More: What is Child Support in Australia?

Determining the percentage of care

Services Australia sorts the percentage of care into five levels.

Below regular care

0% to 14% of care. This works out to:

  • 0 – 51 nights per year.

  • 0 – 2 nights per fortnight.

At this level, the paying parent isn’t eligible for tax benefits like the Family Tax Benefit (FTB).

Regular care

14% – 35% of care. This means either:

  • 52 – 127 nights per year.

  • 2 – 4 nights per fortnight.

A paying parent won’t get FTB but may be able to receive other concessions.

Shared care

35% – 65% of care. This amounts to:

  • 128 – 237 nights per year.

  • 5 – 9 nights per fortnight.

The parties may be able to share FTB.

Primary care

35% – 86% of care. This means:

  • 238 – 313 nights per year.

  • 10 – 12 nights per fortnight.

Above primary care

Any care percentage above 86%. At this level, the party can receive 100% of any FTB.

Mother and a daughter sit at a table, engaged in a thoughtful conversation

Proof of care

If you can’t agree on what percentage of care each parent has, Services Australia can help you work it out. They will likely ask for evidence to assess your care percentage. Evidence may include:

  • A calendar or diary that sets out what days you are caring for the child.

  • A court order or a parenting plan that shows what percentage of care you have. You’ll need to provide evidence that you are meeting your obligations.

  • Documentation that shows when your child is in daycare or other regular activities.

  • Records that show when the child has attended health care or other services.

  • Records showing when a child has travelled. This may include airline bookings or passports that contain travel dates.

  • Statements from people familiar with your situation who can attest to your percentage of care.

If you need help with the Binding Child Support Agreement, Andrews Family Lawyers can help.

Check Our Services Here

Advantages

There are various reasons why a binding child support agreement might suit your circumstances over a limited child support agreement.

Flexibility

Unless you’re organising a lump sum payment, you don’t need to get a child support assessment from Services Australia. This gives you some flexibility about how you work out what should be paid. You can use a formula of your choosing and make whatever considerations you deem appropriate.

You can also decide that the paying parent will cover certain expenses. For example, they may pay for private school fees or holidays. This can be important if a child has extensive medical needs. We all know how expensive healthcare can be. A binding agreement can ensure the paying parent covers those costs.

Secure

It’s not easy to put a binding child support agreement aside. They can’t be cancelled on the whim of either parent. Once you formalise the agreement, you can ensure the financial support will remain in place.

There may be legitimate reasons to want to terminate the agreement. However, both parents must agree to the termination.

Legal advice

Both parties must receive independent legal advice. This ensures that you enter the agreement with full knowledge about how it will affect you. A good child support lawyer will protect your interests and work to ensure that the agreement properly reflects your child’s needs.

father and his small daughter having fun together at home

Disadvantages

Binding child support agreements are right for everyone. While there are reasons you may want to create one, there are also reasons it might not work for you.

Potentially costly

Since both parties must agree to the termination of the agreement, costly disputes can arise. The paying parent may not be able to meet their obligations anymore and seek to end the agreement. However, if the receiving parent doesn’t agree, the matter may end up going to Family Court to settle the issue.

If the parents do agree to end the agreement, they must enter a termination agreement. The parties will need to seek legal advice from a family lawyer again. This incurs additional costs.

Significant commitment

A binding child support agreement ends when a child turns 18. This could mean a paying parent is locked into providing financial support for a long time if the agreement began when the child was very young. A lot can happen in that time that affects a parent’s ability to continue making payments.

If you’re not absolutely confident of your capacity to meet your obligations for the entirety of the agreement, a binding agreement may not be the best option.

Poorly drafted

It’s possible that a binding agreement won’t be drafted in a way that accurately captures your circumstances. You may not make adequate provisions for potentially significant events. For example, the paying parent could suffer an injury that leads to a disability or lose their job.

This will affect their financial stability and, unless the agreement covers such events, will make the agreement difficult to continue.

sad girl with parents arguing behind

Conclusion

Binding child support agreements are one way parents can organise support for their children after a divorce. Binding agreements are flexible and stable. With good legal advice, you can be confident that the agreement will adequately reflect what’s best for your family.

However, they can be expensive. Disputes or unforeseen circumstances sometimes crop up. These situations can make binding agreements more complicated. They’re also a big commitment that can last for many years.

You may not be sure if a binding child support agreement is right for you. That’s natural as it’s a big decision.

If you want expert advice, contact our office today. Our team will discuss with you the best option for you and your children.

Book a FREE Consultation
]]> Discover The 3 Simple Steps To Create a Fair Parenting Plan (Parents Guide) https://andrewsfamilylawyers.com.au/fair-parenting-plan/ Fri, 08 Mar 2024 06:55:27 +0000 https://andrewsfamilylawyers.com.au/?p=4668

Co-parenting can be hard, but your children will be happier if you do it right. This article discusses the important things you must do to make a good parenting plan. You have to work together, talk clearly, and respect each other. If you do these things, you can ensure your children are cared for.

Remember, things will change as your family grows, so you need to be flexible.

How to Create a Simple and Fair Parenting Plan?

Step 1: Open communication about parenting arrangements

Create a Collaborative Atmosphere

Approach the conversation with a mindset of collaboration rather than confrontation. Both parents should acknowledge that the primary goal is their children’s well-being. This approach can help reduce tension and foster a more productive dialogue.

Active Listening

Each parent should practice active listening. Concentrate on and understand the other parent, respond thoughtfully, and remember the points. This ensures that both parents feel heard and valued. This is crucial for mutual respect and understanding.

Express Needs and Concerns Clearly

Each parent should articulate their needs, concerns, and expectations regarding the parenting plan. Discuss each parent’s living arrangements, work schedules, and other commitments. This helps determine how these factors influence the children’s care.

open communication about parenting plan

 

Step two: Make it a written agreement

Document Key Decisions

After negotiations, write down all agreed-upon points regarding parental responsibility. This involves the child’s living arrangements, education, health care, and other vital aspects of their upbringing.

Use Clear Language

Write the agreement in simple, straightforward language. This ensures both parties and relevant individuals understand the terms without legal interpretation.

Include Specifics

Detail the agreement’s specifics. This includes schedules for visitation and arrangements for holidays and special occasions.

Decision-Making

Outline how decisions about the child will be made. Specify which decisions are joint and which can be made by one parent.

Communication Protocols

Include how parents will communicate about the child and in what circumstances.

Flexibility Clause

Acknowledge that the agreement is informal. It can be adjusted by mutual consent. This may be necessary to accommodate changes in circumstances or the child’s needs.

Sign and Date

Although it’s an informal document, the parents should sign and date it. This demonstrates their commitment to the agreement.

Copies

Each parent should keep a copy of the agreement for reference. Consider sharing it with relevant family members or caregivers who must know the arrangements.

a written agreement

Looking for help with a parenting plan? Andrews Family Lawyers can provide personalised guidance and support to make the process easier.

Book a FREE Consultation

Step 3: Implement and revisit the plan

Implementation

Transition Smoothly

Ensure the plan makes the children’s transitions between homes as smooth and stress-free as possible. This might involve establishing routines or rituals. These can help children adjust to moving between their parents’ homes.

Consistency

Both parents should adhere to the agreed-upon schedule and guidelines. This will provide stability and consistency for the children. Consistency helps build trust and security, which are crucial for the children’s well-being.

Support System

Encourage children to express their feelings about the new arrangements. When they do, provide them with the support they need. This might include counselling or therapy if necessary.

Revisiting the Plan

Regular Reviews

Agree to review the parenting plan regularly. This will ensure it continues to meet the children’s and both parents’ needs. Children grow, and their needs change, so the plan should be adaptable.

Open to Adjustments

Be open to making adjustments to the plan as needed. Life circumstances change, such as job schedules, living arrangements, and children’s needs. These situations may require modifications to the plan.

Conflict Resolution

If disagreements arise during the review or adjustment process, return to open communication. If necessary, consider mediation. A family dispute resolution practitioner can help.

Document Changes

Any changes to the plan should be documented and agreed upon by both parents. This ensures clarity and helps prevent future misunderstandings.

a father playing with his child

Legal enforceability

It may be worth turning your parenting agreement into a legally enforceable agreement. The Family Court can provide consent or parenting orders to formalise your plan.

Conclusion

Creating a fair parenting plan is something that changes over time. It requires open communication, detailed documentation, and a commitment to adapt. The most important thing is to focus on what is best for the children, work together, and be willing to make changes when needed. Parents can work together to provide a safe and supportive environment for their children to grow up in.

If you need help with figuring out a parenting plan or legal advice, contact our experienced family lawyers.

Book a FREE Consultation

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