A separation is often one of the most difficult and challenging times for young children, especially when conflict and tension is present between parents.
At One Law, our team of Specialist Family Law Lawyers place the children’s needs first, and work with both parties to ensure their ongoing safety and wellbeing.
When considering divorce, separating parties must first take part in what is known as Family Dispute Resolution (FDR), where every effort is made to resolve the matter.
If both parties are successful in reaching an agreement at FDR, we then assist in documenting the agreement in the form of either Court Orders by consent, or by way of a Parenting Plan. Both of which have different outcomes for the separating parties, and any children involved.
Court Orders are enforceable by the courts, but Parenting Plans are not. Parenting Plans can be useful for parents that are able to co-parent and don’t want the stringency attached to parenting orders made by the Court.
If, for any reason a successful outcome cannot be reached at FDR, then both parties will be issued with what is known as a Section 601 certificate. This is what is needed to go to Court to seek Parenting Orders.
Parenting proceedings can be brought on not only the biological parents of a child, but also by a grandparent, by the child themselves, or by any other person concerned with the care, welfare or development of the child.
The decision to separate already has profound impacts on all parties involved, at One Law we work to minimise the stress and avoid court where possible. We work hard to ensure your child’s best interests remain our priority, as we work to find a solution that fits.