Amongst the many uncertainties and challenges that families face when separating, one of the most daunting prospects is what happens when there is disagreement as to future parenting arrangements for their children.
Typically the first, and most common, outcome is a process called Family Dispute Resolution (“FDR”). FDR is a form of mediation where a Family Dispute Resolution Practitioner will assist the parents to try to enter into a Parenting Plan. This is a non-enforceable document that details the arrangements made, but to which the Court must later have regard to, if doing so would be in the children’s best interests.
The concept of the children’s “best interests” essentially underpins the entirety of the parenting components of Australian family law, and is the paramount objective of the governing legislation of the Family Law Act 1975 (“the Act”).
Irrespective of whether the FDR is successful in reaching a final outcome or not, a section 60I certificate will be provided, which is almost always required to be able to commence Court proceedings.
In litigated proceedings, the Court’s function is to then consider and apply various factors when assessing what the children’s best interests are, and ultimately make legally binding and enforceable Final Orders for care and living arrangements, including for contact, communication, travel, and sole and joint decision making authority.
There are many complex factors along the way, including the litigation process itself which will typically involve expert evidence being obtained from family consultants, who meet with parents and their children, or for example the potential for subpoenaed evidence. This can all be intensified by other complicating factors such as Intervention Orders being obtained.
If you have recently separated and cannot agree on parenting arrangements with your former partner, you should seek legal advice. The lawyers at Berry Family Law have the experience, skill and empathy to achieve the right outcome for you and your children.
(03) 9321 3100