During a separation or divorce, one of the most important factors to consider is the safety and wellbeing of any children involved.
At One Law we work with you to ensure that the long-term effects of your separation have as little impact on your children as possible.
The first step is to participate in what is known as Family Dispute Resolution (FDR) . Here under the guidance of the team at One Law, you and your former partner have the opportunity to discuss and resolve all parenting and/or financial/property arrangements without going to court.
If you are unable to reach an agreement or unable to partake in FDR, then you will be issued with a section 60I certificate. This is what you need to go to Court to seek Parenting Orders.
Parenting Orders are a set of parenting arrangements that are made by a court. They set out and define the responsibilities of each parent in relation to the child/ren, and include factors such as:
- Who the child will live with
- The time a child is to spend with another person (often the other parent)
- The allocation of parental responsibility
- Communication between the child and the parents
- Any other aspect of the care, welfare or development of the child.
Parenting orders come with legal obligations for both parents, and there are penalties if the parenting order is broken without reasonable excuse. This can include:
- Changes to the parenting order
- Compulsory post separation parenting programs
- Compensation of expenses related to a breach of the parenting order
- Community service
And in more extreme circumstances the penalties can include fines and/or imprisonment.
Going to court for Parenting Orders can often be a costly and time-consuming experience. At One Law, we make every effort to avoid court where possible. If, however we must go to court, then our team of Family Lawyers will fight for a favourable outcome for you and any children involved.