Suitable arrangements for the care of children after the breakdown of a marriage must be in place before a divorce is granted by the courts.
MDV Family Lawyers actively encourages separating parents to reach an amicable agreement regarding these care arrangements to avoid often stressful and very lengthy court proceedings.
Ultimately, reaching an agreement will not only save you time and money but from our experience, the children often stand to benefit the most from knowing their parents can actually agree.
Where an amicable agreement is reached we can assist you with the negotiation and formalisation of either a Parenting Plan or a Consent Order.
The Family Court of Australia website has some more useful information on parenting arrangements where an agreement has been reached.
Where an agreement cannot be reached regarding the care of children, the first step is to attend Family Dispute Resolution (mediation). Read more about Family Dispute Resolution and how MDV Family Lawyers can assist.
Where mediation fails to resolve the disputed issues, despite participation and genuine effort by the parties, the court has the ability to make Parenting Orders for the custody of children. It is highly advisable to seek legal advice before applying to the courts for Parenting Orders. We also recommend you read ‘If you can’t agree on parenting arrangements’, on the Family Court of Australia website, which has some useful information.
MDV Family Lawyers offers expert advice and assistance in the application for Parenting Orders, and representation in court where necessary.