Child Custody and Parenting disputes
These disputes do not need to get nasty if everyone adopts a reasonable approach. To have a reasonable outlook, you should first obtain proper advice about what is likely and possible in your particular situation.
We can advise you and help you negotiate parenting arrangements covering topics such as:
- Who the child/children live with.
- How much time the other parent spends with the child/children.
- How that time might increase with their age.
- How to put up safeguards relating to risks a parent might exhibit; such as drug/alcohol abuse, physical or emotional abuse, neglect, exposure to other risks (such as unsafe new partners, poor living conditions, or unsupportive of a child’s relationship with the other parent).
- How your child/children’s views will be considered in determining appropriate arrangements.
- Access to grandparents and other persons of importance in the child/children’s lives.
- Long term decisions such as choice of medical care, religion, school, and alike.
What do I do after we agree on parenting matters?
It is generally best to formalise that agreement to ensure that it is adhered to going forward. We can advise you on which of the following 2 main options is best for your circumstances.
Parenting Plan
We can draft these to capture the agreed arrangements. These provide great flexibility and can be easily updated to pick up changes in the children and the parents’ lives. That flexibility means there are not as legally enforceable. They serve as persuasive evidence if Court proceedings later ensue.
Consent Orders
We can also draft more formal parenting orders to clearly set out each parent’s responsibilities and their time with the children. Commonly this would also cover arrangements for special occasions such as Christmas, Easter, birthdays, school holidays, and Mother’s/Father’s Day. Consent Orders are legally binding. Non-compliance can result in penalties or the Court looking unfavourably on your case.
Where parents cannot agree on parenting arrangements, we can also provide practical and realistic advice about what is achievable if Court proceedings ensued, and what alternative dispute resolutions are available.
Please note that matters dealing with financial support of a child/children (ie. Child Support) are dealt with separately. You can read more about Child Support here.
Let’s chat
Use our form to discuss your legal enquiry. Please be as detailed as possible.
Or call us for a free no-obligation quick chat. Even if you are unsure if it is a Family Law problem, we can point you to where to start.
0422 933 232
167 Flinders St, Adelaide SA 5000
