Case snapshot
Client: Jess (name changed for privacy)
Practice area: Parenting arrangements
Matter type: Returning client, shared parenting review
Firm: Ferrall and Co. Lawyers, Caloundra
Parenting arrangement case background
Our client originally approached us to organise parenting matters with the other parent. Based on the parents’ circumstances, it was in the best interests of the child for each parent to have equal time and care.
The case involved managing parental conflict and mediating an agreement that enabled the child to maintain a meaningful relationship with both parents. This helps avoid the need for court proceedings between the separated parents. We were able to find a shared care situation for the client quickly and affordably.
The challenge: Ending shared care
Over time, the client’s circumstances changed, making equal shared care co-parenting inappropriate. This requires a separate legal filing to reevaluate care arrangements with each parent. This can impact the child’s relationship with their parents. The Court no longer presumes equal shared parental responsibility. The Court considers many factors outlined in the Family Law Act before granting sole responsibility to one parent, such as:
The impact of any family violence and other high-conflict circumstances.
The parent’s ability to meet the child’s needs.
The effect of the new arrangement on the parent-child relationship with the other party.
The child’s views, depending on their age and maturity.
The client's voice
Rowena and her team were absolutely amazing and went above and beyond for me and my daughter. They sorted out my family matter in a very timely manner and very well priced. I would not go past this team if you're looking for someone that fights for you. She let me have a voice when I really needed it.
-Jess (name changed for privacy)
Our firm's approach
The Federal Circuit and Family Court system prioritises what arrangement will be to the child’s benefit, in line with Family Law Act provisions. When working with a returning client and there are children involved, we go through some crucial steps to develop an appropriate strategy:
Reviewing the client’s current circumstances.
Understanding the client’s reasons for seeking other arrangements. Is one parent wanting to relocate? Have domestic violence concerns come to light?
Assessing the evidence available to support the change.
Considering which strategy may be the most appropriate, such as:
Negotiating parenting plans when parents agree to informal arrangements.
Applying for legally enforceable consent orders.
Seeking legally binding court orders through a contested hearing.
Determining if additional matters, such as child support, may be needed.
Preparing for the strategy agreed to with the client based on their existing situation.
Clients can face ongoing conflict when trying to settle living arrangements that help their children thrive. Our focus is to provide ongoing support that helps former de facto partners and divorced parents move toward a positive solution in the child’s best interests.
Shared care arrangements between the mother and father can be impractical over long distances or with difficult family dynamics. With effective mediation, we assist parties in talking through disagreements.
