Parenting Arrangements
Parenting arrangements can be the most critical and sensitive issues to be resolved following separation, and it is almost always preferable that both parties come to an agreement that is in the best interests of their children. The welfare of children in the context of a separation can depend on many factors, but the time they spend with each of their parents is a critical component to their wellbeing. If a child is prevented from spending time with one of their parents, this can be detrimental to their relationship with their parent, and consequently their wellbeing.
Factors such as where the child will live, holiday arrangements, school and extracurricular arrangements, and financial support must also be taken into consideration when creating parenting arrangements.
When coming to an agreement on parenting arrangements, it is important that you and your former partner resolve issues quickly and amicably. The family court lawyers team at Meredith Lawyers are knowledgeable, experienced and passionate, and they’re here to help you through disputes to ensure the best possible outcome for your children.
What is the best way to formalise an agreement about parenting arrangements?
Parents can resolve issues relating to the care of the children between themselves, or with the assistance of a mediator. If both parties are satisfied with their mutual arrangement, this can be formalised by a parenting plan or consent orders. Minimal intervention will be required from lawyers if each of the parents abide by their agreement and are willing to be flexible as needed. They will only need to seek the help of a lawyer in the preparation of an application for consent orders.
When parents cannot reach an agreement for their parenting arrangements, legal steps might be required to progress the dispute towards resolution.
Our firm has been providing advice and representation on parenting disputes since it was established in 2007. Our approach is to explore every avenue open to each party in order to resolve parenting matters without commencing court proceedings, while being ready to do so if required.
What happens if we can’t agree on parenting?
It is possible that both parties may appear to be at an impasse on a particular issue when formulating parenting arrangements. At that stage it is important to take a step back and consider all issues on the table, whether you are prepared to compromise and to what extent, and carefully consider what would be the likely costs of litigation both in time and money.
If litigation is inevitable, Meredith Lawyers will prepare and press your application for parenting orders vigorously while always looking for opportunities to settle as the matter progresses. If the dispute proceeds to trial, your case will be carefully prepared and advocated by our principal David Meredith or by one of our preferred barristers, as required or preferred by our client.
Parenting disputes are costly not only in fees, but also in the personal and emotional toll our clients will inevitably experience if they are required to pursue their case through the court system. It is imperative that our clients are fully aware of the nature of child related proceedings in the Family Court before they give final instructions to proceed.
Frequently Asked Questions About Divorce
If for some of that 12-month period you have lived together with your spouse, then you may still get divorced depending on the circumstances. For instance, if you have been living together for all or part of that time, then you can make the application on the basis that you have been ‘separated under one roof’.
In these circumstances the 12-month period will still be valid even though you and your spouse have been living together. We can advise whether your circumstances could properly be described as ‘separation under one roof’.
You may also have a trial reconciliation within that 12-month period which, although not included as part of the 12-month separation, will not restart the clock if the reconciliation is less than three months.
The Family Court of Western Australia has provided an online divorce kit which explains how to obtain a divorce order, and this includes information on how to make a divorce application.
For a comprehensive discussion on how to prepare your divorce application, please give our office a call. Our solicitors can also assist with the process of determining care arrangements for children and facilitating the division of property.
You must be separated from your spouse for at least 12 months before filing for divorce, and either you or your spouse must meet the following requirements: be an Australian citizen; reside in Australia and consider it your permanent home, or ordinarily live in Australia for at least 12 months prior to filing.
- Marriage certificate
- Certificate of Name Change
- Certificate of Counseling.
- A passport or citizenship certificate are two examples of documents used as proof of citizenship.
- Visa Documents
The divorce lawyer cost & the divorce processing time are dependent on many factors. Check with Meredith Lawyers to know more
Through the Commonwealth Courts Portal, you can fill out the divorce application form. Get in touch with top divorce lawyers in Sydney at Meredith lawyers. We have expertise over all areas of divorce such as separation, child custody, child support, property and financial services & more.
If you and your ex-spouse received a divorce order outside of Australia, it will be honored there as long as it was given in line with the local laws of the nation where the divorce was granted. In Australia, you do not have to file for divorce.
Your divorce order becomes final one month after your divorce hearing date. Your marriage is officially over once your divorce decree is final, and you are free to remarry. The one-month window may be cut short by the Court.
