Parenting is challenging at the best of times, but even more so following a separation. Still, it is important to remember that, even after separation, each parent plays an important part in their children’s lives. Working cooperatively to make arrangements that support meaningful relationships between children and both their parents is usually in everyone’s interests. While this isn’t always easy, it is almost always more desirable than asking a court to decide what is best for your child.
What is the best parenting arrangement?
It can be tough working through the many issues of co-parenting, but it’s worth pushing through to reach an agreement. While there is no one-size-fits-all solution to the perfect plan, the children’s best interests should be paramount.
Making a workable parenting plan requires a cooperative approach between parents with the children’s welfare at the forefront of negotiations. Parents will need to consider the emotional and practical aspects of co-parenting and how each parent can meet the children’s needs on an ongoing basis. Considerations include the parents’ respective location, work commitments and availability for the children, and the children’s age, maturity, and existing routines (schooling, childcare, extracurricular activities, etc.)
Plans may also need to evolve as children grow and circumstances change. While infants and toddlers will likely need more stability and consistency in their early years, older children may benefit from more flexibility and input into the arrangements.
What is a parenting plan?
A parenting plan is a written agreement between separated parents that outlines how they will raise their children moving forward. It’s a roadmap for co-parenting, detailing where the children will live, who makes decisions about their upbringing, how parents will communicate about important issues for their children, and how they will resolve disputes. While parenting plans are not legally required or binding, they can help provide stability and structure after separation. Parenting plans can also be made into legally binding consent orders by application to the court.
What does the law say about post-separation parenting arrangements?
In Australian family law, the child’s best interests are paramount in all parenting matters. The terms ‘custody’ and ‘access’ technically no longer apply, and there is no legal assumption that children will spend equal time with each parent or more time with one parent over the other. Parental responsibility is determined on a case-by-case basis and in consideration of several core factors, including:
- Any views expressed by the child.
- The child’s needs, encompassing developmental, psychological, emotional, and cultural aspects.
- The capacity of each person with parental responsibility, whether current or proposed, to meet the child’s developmental, psychological, emotional, and cultural needs.
- The benefits to the child in having a meaningful relationship with their parents, and people significant to the child.
A court may consider any other factors that it deems relevant to the specific circumstances of the child. Additionally, the court must consider the child’s connection to ‘family, community, culture, country, and language’ when determining what is in the best interests of Aboriginal or Torres Strait Islander children.
Mediation and parenting disputes
In parenting matters, mediation can be especially beneficial in keeping the parties and their children away from formal court processes. Once a judge decides on parenting arrangements, the orders are legally enforceable and can only be changed by agreement or by another court order.
Family dispute resolution
Unless extenuating circumstances exist, parties involved in a parenting dispute must make a genuine effort to resolve the matter before an application can be made to the court.
A family dispute resolution conference is a form of mediation conducted by an accredited Family Dispute Resolution Practitioner. It is used to encourage parties to negotiate a resolution outside of the courtroom. The practitioner’s role is to assist the parties to cooperate positively and explore options for workable parenting arrangements that will be in the best interests of their children.
If an agreement is reached, a parenting plan can be developed, or consent orders filed with the court.
If family dispute resolution is unsuccessful, the practitioner will issue a section 60I certificate noting the outcome, for example:
- the parties made a genuine effort to resolve the dispute but were unsuccessful
- only one party made a genuine effort to resolve the dispute
- one party failed to attend the conference
- the practitioner considered the circumstances were not appropriate for family dispute resolution
- the mediation started but the practitioner considered it would not be appropriate to continue
The section 60I certificate must accompany an application to the court and only registered Family Dispute Resolution Practitioners can issue a section 60I certificate.
How can we help?
Kathleen Dare is a nationally Accredited Mediator and Family Dispute Resolution Practitioner. Having managed numerous family law matters and witnessed first-hand the negative impact court proceedings have on families, Kathleen is passionate about helping clients resolve their disputes using a cost-effective alternative. Mediation and family dispute resolution can help parties make workable parenting arrangements in the best interests of their children.
If you need assistance, email [email protected] or call 0421 828 036.