Children's Matters
At Hede Byrne and Hall, we understand that separation can be a difficult time. There are a number of issues to consider in facilitating a suitable arrangement, with the primary focus being the best interests of the children.
Our team can assist parents, grandparents and others who have an interest in the care, welfare or development of the child/ren in understanding and navigating various areas, including:
- The person with whom the child is to live;
- The time the child is to spend with another person;
- The allocation of parental responsibility;
- The form of consultation about decisions relating to the child;
- The communication a child is to have with another person;
- Maintenance of a child not covered by the Child Support (Assessment) Act 1989 (Cth);
- The steps to be taken prior to an Application for Variation of an order;
- The process for resolving disputes about the terms or operation of an order;
- Issues regarding the contravention of existing parenting orders; and
- Any other aspect of care, welfare or development of the child or parental responsibility for the child.
Parenting Plans & Consent orders
Parenting arrangements can be dealt with informally by a Parenting Plan or by Court Order.
Often parents are able to agree on the arrangements without the intervention of the Family Court. If you are able to reach an agreement, we can assist you to formalise that agreement by way of Consent Orders or a Parenting Plan.
Sometimes it is necessary to seek assistance to work through issues when there is a dispute, to determine an outcome that is in the best interests of the child. Our team can provide you with information and advice in relation to best-outcome dispute resolution.
If an agreement cannot be reached, we can represent and guide you through the Court process.
Parenting Plans & Family Dispute Resolution / Mediation
Parenting plans are often the outcome of a successful Family Dispute Resolution Conference and is essentially a guide for both parents in their parental responsibilities for the children.
A parenting plan is not a court order and is not enforceable under the Family Law Act 1975 . It is highly advisable to seek professional help before agreeing to a Parenting plan as a resolutions.
At Hede Byrne and Hall, our Family Dispute Resolution Practitioners can help you in the constructions and execution of a Parenting Plan.
How Consent Orders Work
If you want to make you arrangement legally binding, you can file a consent order with the Family Court of Australia.
The order contains the care arrangements between parents, resolving any outstanding parenting matters. A consent order is enforceable and significant penalties may apply if any of the terms are breached by any of the parties. It is recommend you obtain specialist legal advice to protect your future parental rights.
Contact our firm for legal advice on your matter today. We have offices in Toowoomba, Roma Warwick , and will provide the advice you need during an often difficult time.
Additional Family Law Resources
We have included a number of helpful articles about family law below:Â
