Parenting Arrangements

Parenting arrangements in Queensland are generally based on an informal Parenting Plan, which parents often negotiate in Mediation. This plan details where children live (or where they spend time) after parents separate, holidays and birthdays, medical treatment and care, and education. It can also cover any other particular circumstances that separating parents agree are important to cover.

When you have reached an agreement with the other parent that is in the child’s best interests, your parenting agreement (or Parenting Plan) can be signed by both parties.

Parenting Plans can also be formalised by getting Consent Orders, which are legally enforceable agreements (court orders) approved by the Federal Circuit and Family Court of Australia. In most cases, a lawyer will draft these so they are lodged with the court in the required format.

In almost all cases, parents can reach an agreement through Mediation, family dispute resolution, or negotiations between both parties, with legal support as required. Speak to us about which of these options will best suit your needs.

Yes, we can represent you in Family Law Court. If court proceedings become necessary, our legal practitioners provide comprehensive support and advice, ensuring your interests and those of your child are protected throughout the legal process.

Creating a Parenting Plan detailing your children’s care arrangements is essential when separating. Use Family Dispute Resolution services or seek legal advice to develop an agreement. This plan can be formalised into Consent Orders by the Family Law Court to ensure it is legally enforceable and in the child’s best interests.

Parenting arrangements in Queensland are typically created through a Parenting Plan, which is negotiated between separated parents, often with the help of a Family Dispute Resolution practitioner. These plans can become legally binding when converted into Consent Orders, approved by the Family Law Court, ensuring the arrangements are enforceable.

The Family Law Act does not mandate a standard parenting arrangement. Instead, it prioritises the best interests of the child, meaning parenting arrangements are tailored to each family’s specific circumstances, ensuring that the child’s developmental and emotional needs are met.

A parenting plan is a written agreement between separated parents outlining arrangements for their children’s care. It covers living arrangements, time spent with each parent, and decision-making responsibilities. While not legally enforceable, a parenting plan can be formalised into a Consent Order for legal effect.

Yes, we provide Family Dispute Resolution services. Our practitioners help separated parents reach mutually beneficial agreements on parenting arrangements, reducing the need for court intervention. This service focuses on the child’s best interests and aims to resolve disputes amicably.

Equal shared parental responsibility means both parents share decision-making responsibilities for major long-term issues affecting their children. It does not necessarily mean equal time with each parent but ensures both have a significant role in important decisions under Australian Family Law.

We offer Mediation, family dispute resolution, and negotiation services to help separated parents create parenting plans. These out-of-court options focus on the child’s best interests, allowing parents to reach legally binding agreements without court intervention.

In Queensland, there is no specific age at which a child can refuse to see a parent. The Family Law Court considers the child’s views based on maturity and understanding, ensuring decisions align with the child’s best interests.

Significant changes in circumstances might include relocation, a parent’s new relationship, changes in the child’s needs, or instances of family violence. These changes can justify modifying parenting orders to suit the child’s situation better.

There is no fixed age in Queensland or any other state of Australia, but the Family Law Court considers a child’s views based on age, maturity, and understanding. The court ensures decisions are in the child’s best interests, considering their developmental needs.

Yes, grandparents can apply for a Parenting Order to spend time with their grandchildren. The Family Law Court considers the child’s best interests and the significance of maintaining relationships with extended family members.

If your former partner is not adhering to the parenting plan or consent orders, you have several options:

1. Document the Incidents: Keep a written record of each instance where your former partner deviates from the agreed arrangements. Include dates, times, and specific actions that breach the agreement.

2. Communication: Attempt to discuss the issues with your former partner to resolve the disagreements. Clear and respectful communication can sometimes address misunderstandings or minor issues without further action.

3. Family Relationship Services or Dispute Resolution: Contact family relationship services or a social worker to help mediate the situation. Mediation can assist both parties in reaching a new understanding or agreement.

4. Seek Legal Advice: Contact a family law solicitor for legal advice on your rights and options. They can help you understand your legal standing and the best action.

5. Court Application: If the breaches continue, you can apply to the Family Law Court to enforce the orders. The court can ensure compliance and may make necessary adjustments to the orders if required. The court will consider the best interests of the child, including any psychological harm or significant consequences that might arise.

6. Consider Your Child’s Best Interests: Always prioritise their best interests, ensuring that any action focuses on their wellbeing and stability. The Family Law Court considers significant people in the child’s life and the need to maintain relationships with family members and other parties involved in the child’s care.

If circumstances change, seeking advice on whether parental responsibility should be adjusted or if a legal guardian is needed is essential. Any agreement, whether oral or written, should be documented to ensure it is legally enforceable.

If a court order is being breached by the other parent’s care, seek legal advice immediately. A consent order is a legally enforceable agreement. If the other party is not complying, you can apply to the Family Law Court to enforce the order, ensuring compliance and protecting your right to spend time with your children.

Interim parenting orders are temporary arrangements made during ongoing Family Law proceedings, addressing immediate needs. Final parenting orders are long-term decisions made after considering all evidence and are intended to provide stable care arrangements for the child.

Our team comprises highly experienced Family Lawyers. We can help you with all family law matters related to co-parenting and raising children. We can provide early advice and assist with negotiations and Mediation in court if necessary.

We offer assistance with:

• Living arrangements for children (child custody)

• Parenting Plans & Consent Orders

• Time arrangements for children

• Wrongful retention or removal of children

• Relocation

• Parenting Order Disputes

• Grandparent’s rights

• Child Support

• Family Dispute Resolution

• Family & Domestic Violence