Why To Set Up Parenting Arrangements
When a marriage or de facto relationship breaks down and parties separate, property settlement is sometimes not the only issue.
As any parent would know, youngsters are the most serious facet of any relationship. Therefore its vitally important to get guidance from a family lawyer pertaining to parenting and childrens issues following separation.
One key facet of any separation will be living arrangements for the youngsters and arrangements for spending time with both mother and father. The main element in all children and parenting matters is the best interests of the children. The law takes the view that it is going to be in the best interests of youngsters to have a meaningful relationship with both parents, unless building a relationship with a parent/s will expose the children to a risk of family violence.
Each parent is presumed to have equivalent shared parental accountability for their youngsters till they reach 18 years of age. Equal shared parental responsibility suggests that parents must make major long term choices together. A major long-term decision is linked to (but isnt restricted to) :
The childs studies (both current and future);
The childs spiritual and cultural upbringing;
Health and hospital treatment;
Any changes to the childs living arrangements that make it significantly tougher for the kid to pass some time with a parent; and
Changing a childs name.
Without a proper parenting arrangements in effect coming to a contract about children can often be very tough.
One of the most cost effective methods of reaching agreement is by formulating a Parenting Plan through mediation. In reality the Family Court needs parties to try mediation prior to taking any action in the courts. Parenting Plans are recognized by the Family Law Act and may be presented to the Court as evidence of the parties plans. However, Parenting Plans arent legally binding or enforceable.
To create a binding and enforceable parenting agreement, the conditions of the agreement must be formalized through filing for parenting orders by consent in the Family Court of Western Australia. A previously drafted Parenting Plan can be very useful at this stage in formulating the suggested orders.
Naturally, when a relationship breaks down it is not always possible for the parties to agree on parenting orders. When thats the case, a parent may apply to the Family Court to make a determination about the best interests of kids, and about parenting arrangements.
Once the Family Court has made orders, whether by consent or through an application by one of the parties, these orders become binding and enforceable. There are penalties imposed on a party in breach of their obligations under these orders. These penalties range all the way from losing time with the youngsters to fines and imprisonment.
This is general information only and doesnt constitute categorical legal help.
James Versteegen is an Articled Clerk with the Family Law team at HHG Legal Group. If you want further details re this information, please contact our Family Law team on 1800 609 945.’
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