Parenting Agreements and Orders
Ferrall & Co.
Parenting Agreements
Parenting Agreements.
Frequently Asked Questions
Can my ex-husband/wife withhold my children from my parents?
Children have the right to spend time with and develop a meaningful relationship with both of their parents. Children have the right to maintain contact with their extended family. This includes grandparents, uncles or aunts or any other person who is concerned for their care, welfare and development.
Who is responsible for the children when couples separate?
Both parents have equal shared parental responsibility for their children unless a Court has determined otherwise. When the child/ren is in your care on a given day, you are responsible for the day-to-day issues. The same goes for when the child is in your partner’s care.
Long term issues affecting a child’s care, welfare and development such as what health care they receive, their religious and cultural upbringing and what school they attend should not be made without consulting the other parent.
What happens if separated parents disagree on their children’s care and living arrangements?
If parents cannot agree on what arrangements should be in place for their children, they should seek legal advice on their options. Parents should also contact a Family Dispute Resolution (FDR) Centre to start the negotiation process. Entering into FDR is a mandatory requirement before commencing proceedings in the Family Court (if you are seeking parenting orders). There are some exceptions, including if there has been a history of violence in the relationship or if one parent has relocated without the input or consent of the other.
When should I seek legal help for parenting agreements and orders?
It is important to consider what options are open to you as soon as you separate. This will ensure that the child/ren are as protected as they can possibly be from the ill-effects of family breakdown.
Family Law.
How Can We Help You?
Family Law
Family legal issues are sensitive and complex, but we can guide you through this time with honesty, integrity and expert advice.
Divorce
When a married couple’s relationship breaks down due to issues that cannot be resolved, the couple has a right to divorce according to Australian law.
Property
When couples separate, they need to fairly divide their property that they acquired during their relationship. Property in this case doesn’t just mean real estate.
De Facto Couples
If you have been in a relationship where you were not legally married, you may be considered a de-facto couple.
Same Sex Couples
Under the Family Law, same sex couples have the same rights in both de facto relationships and in marriage as heterosexual couples.
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