When parents separate, agreeing on arrangements for their children isn't always straightforward.
You may agree on some aspects of your children's care but have very different views on others. Where should they live? How should time between households work? Who makes the important decisions?
When those differences become difficult to resolve, it's worth understanding what happens next.
There are different ways to work through parenting disagreements, from negotiation and Family Dispute Resolution to Court proceedings where necessary. The right approach will depend on your family's circumstances, with the best interests of the child remaining central to decisions made by the Court.
What happens when parents disagree about parenting arrangements?
The first step is to establish what is actually in dispute.
Some disagreements involve practical arrangements, such as changeover times or school holidays. Others concern more significant decisions about where children live, their education or their care.
If parenting orders are already in place, these may also affect what can be changed and how the disagreement should be approached.
When this is the case, issues can be resolved through discussion or negotiation, while others require a more formal process. Understanding the nature of the disagreement helps determine what should happen next.
Do parents have to attempt Family Dispute Resolution?
In most circumstances, parents must attempt Family Dispute Resolution before applying to the Court for parenting orders.
This process involves an independent, accredited practitioner helping parents work through their disagreements and explore possible arrangements for their children.
If an agreement cannot be reached, the practitioner may issue a document known as a section 60I certificate. This is generally required before a parent can apply to the Court for parenting orders.
There are exceptions, including certain circumstances involving family violence, child abuse or urgent matters. In these situations, parents may be able to apply directly to the Court.
Getting legal advice before participating can help you prepare for discussions and consider the implications of any proposed agreement.
What happens if an agreement still cannot be reached?
If parents cannot reach an agreement, it may be necessary to apply to the Federal Circuit and Family Court of Australia for parenting orders.
Parenting orders are legally enforceable orders that can determine where children live, the time they spend with each parent and how important decisions about their upbringing are made.
Going to Court doesn't necessarily mean the matter will proceed to a final hearing. Parents may still reach an agreement during the process.
Before commencing proceedings, it's important to consider what remains in dispute, how the proposed arrangements may affect the children and whether Court intervention is the appropriate next step.
How does the Court decide parenting arrangements?
When making parenting orders, the Court's primary consideration is what is in the best interests of the child.
This means looking at factors such as the child's safety, their developmental and emotional needs, their views and each parent's ability to meet those needs.
The Court also considers the benefit of children maintaining relationships with their parents and other significant people in their lives, where it is safe to do so.
There is no automatic requirement for children to spend equal time with each parent. The Court looks at each child's individual circumstances to determine what arrangements are in their best interests.
Protecting your position through a parenting dispute.
Parenting disputes can have lasting implications for children and their families. How these matters are approached deserves careful consideration.
At Patterson & Co, we assess each situation and provide clear advice on the best way forward. Part of our role is knowing when negotiation is likely to achieve a resolution and when a stronger legal approach is needed.
Where Court proceedings are necessary, we provide strategic representation with a clear understanding of what is at stake.
If you're facing a disagreement about parenting arrangements, our team can help you determine the next step.
Get advice on your parenting arrangements. Contact our team.
