Parenting Agreements and Orders
Ferrall & Co.
Frequently Asked Questions
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.
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.
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.
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.