Family Law -
Children

Parents have an obligation to ensure that their children are brought up safely. You are responsible for the care, welfare and development of your child. Parental responsibility does not end with separation but continues until your child turns 18. The most successful outcomes occur when parents come to a joint agreement as to what is best for their children.

The overriding principal in parenting matters is deciding what the child’s best interests are. This is achieved by considering the child’s needs and based on the presumptions that:

• children benefit from having a meaningful relationship with both their parents; and


• the need to protect children from physical or psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence.

There are a number of ways that parents can come to an agreement in relation to decisions about their child. They may choose to have a flexible, informal arrangement, implement a parenting plan or have Consent Orders made.

What is a parenting plan?
A parenting plan is an informal document that sets out the agreement you and your former partner have reached as to how and when the child will spend time with their parents. It may also cover other important details including education, religion, health, sports, discipline, etc.

It is important to remember that while a parenting plan can be a simple and flexible way for parents to come to an agreement, it is not legally enforceable. This means, you are unable to enforce the agreement if your former partner decides to no longer comply with it.

Consent Orders
Consent Orders can set out the agreement you and your former partner have reached in relation to the parenting of your child however, Consent Orders can also set out your agreement regarding property division. Consent Orders are filed with the court and once approved and sealed by the court, they become a legally binding document and have the same effect as if the Orders had been made at a court hearing.

When the court considers your application for Consent Orders, they have to be satisfied that the proposed arrangements are proper, just and equitable. If either of the parties breach the agreement once the Consent Orders have been made, serious consequences may result.

What if we can't reach an agreement?
If an agreement cannot be reached you can make an Application to the Family Court. Prior to filing your Application, you must have attempted to resolve your dispute by participating in family dispute resolution with a registered dispute resolution provider and obtained a Section 60I certificate. This certificate is required to be filed with your Application to the Family Court, unless some special exemptions have been met. There are many factors that the Court will consider in parenting disputes and this area of law can be very complex.

We can assist you to work through the complicated issues around putting an appropriate arrangement in place for the care, support and maintenance of your child. Please contact our Family Law team for guidance.

Child Support
When parents separate, proper arrangements need to be made for the ongoing support of their children, being financial, emotional and physical. Child support relates to the financial obligation of parents to provide for their children. Child Support is payable for all children living in Australia, who are under the age of 18 years and whose parents have separated (married and de facto relationships).

The Child Support Agency can determine and enforce child support payments. For child support queries you may contact the Child Support Agency on 131 272 or www.csa.gov.au.

If parents do not wish to rely on the Child Support Agency assessments in relation to Child Support, parents can also come to an agreement in relation to the amount of Child Support to be paid. It is important to note that for a Child Support Agreement to be binding, the agreement must satisfy a number of criteria.

Our family lawyers are also able to provide advice and assistance in relation to a parent’s child support obligations, can assist you in dealing and communicating with the Child Support Agency and can also guide, advise and help you establish a private arrangement by way of a Child Support Agreement.