Care and Living Arrangements for Children

For separating couples with children the ongoing care and living arrangements for the children invariably need to be addressed.

The terminology in Australian Family Law with regard to children has changed over the years. What was once referred to as “access” later changed to “contact” and is now referred to as “spends time with”. Similarly, what was previously referred to as “residence” is now referred to as “lives with”.

If you have reached an agreement in relation to whom the children will live with and how much time the children will otherwise spend with the other parent, then that agreement can be adhered to on an informal basis. However if you wish to create certainty (and enforceability) as to those arrangements, the agreement about such matters can be formalised by way of:-

• A Parenting Plan; or
• Family Court Consent Orders.

There are certain advantages and disadvantages when formalising the living and care arrangements for children by way of a Parenting Plan or, alternatively, Family Court Consent Orders, which we would be more than happy to further explain to you during your first appointment.

When formalising the care and living arrangements for children by way of either a Parenting Plan or Family Court Consent Orders, it is important that:-

• There is no ambiguity in the terms of the Orders or Parenting Plan. Ambiguity may lead to a different interpretation by each parent of the meaning of a particular clause or order which, in turn, may give rise to unnecessary conflict.
• The terms of the Parenting Plan or Court Orders covers all aspects of the children’s care and living arrangements that, if left unaddressed, might potentially create uncertainty and arguments at some time in the future.
• There is a certain degree of flexibility built into the Parenting Plan or Court Orders so that parents are quite able to agree to different arrangements from time to time and as the need arises.

We at KJB Law apply our extensive experience with regard to drafting Parenting Plans and Consent Orders to achieve all of the above. We also bring to your attention various matters that you may not have turned your mind to that you should consider including in the Parenting Plan or Consent Order in an effort to avoid potential problems or conflict in the future.

Unfortunately, not all separating parents are able to reach agreement as to the care and living arrangements for their children. Quite understandably, trying to negotiate the living and care arrangements for your own children in person is a very emotional and stressful experience, more so when the other parent has adopted an entrenched and perhaps unreasonable position. We at KJB Law attempt to shield you from the emotion and stress as far as possible by continuing negotiations on your behalf or, if absolutely necessary, commencing Family Law proceedings and representing you and your children’s interests throughout the litigation process. We will not inflate your expectations and encourage you to pursue, by way of litigation, a position that the court is unlikely to adopt. To do so will only unnecessarily prolong litigation, which is not in your best interests and, more importantly, is not in the children’s best interests.

Please feel free to take advantage of our initial ½ hour free consultation to discuss any matters in relation to the care and living arrangements.

Enquiries

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