Parenting Matters

A parenting plan is a written, voluntary agreement outlining living arrangements and time spent with the other parent, but it’s not generally legally enforceable, although the court will consider agreements that are in place. Consent orders are formal agreements approved by the Federal Circuit and Family Court of Australia, making them legally binding. Orders will also be made by the court after a hearing if parents can’t reach an agreement.

If parents can’t reach an agreement, they will usually need to attend family dispute resolution with a registered family dispute resolution practitioner. In many cases this is successful and parents can agree on a compromise. If that fails, they may apply to the court by filing an initiating application. The family law courts may then decide the outcome, with a court date set and possibly a final hearing.

Parental responsibility refers to the duties, powers, and responsibilities parents have in making decisions for their child’s welfare, including health, education, and religion. As of June 2024, the Family Law Act no longer presumes equal shared parental responsibility. Instead, the court assesses each case based on the child’s best interests, especially where concerns such as child abuse or family violence arise.

Parental decision-making involves making major long-term decisions for a child, such as schooling, medical treatment, and passport issues. When equal shared parental responsibility applies, both parents must consult and make a genuine effort to agree. If this fails, one party may need to seek legal advice or commence court proceedings.

No, court is not necessary in the majority of matters. If both parents reach an agreement, they can formalise it through a parenting plan or consent orders. If agreement isn’t possible, court proceedings may be needed, and a court application can be made. It’s wise to obtain legal advice before deciding whether to apply to the court.

The paramount consideration is always the best interests of the child. The court considers factors like the child’s relationship with family members, protection from psychological harm or child abuse and practical matters such as living arrangements, schooling and cultural ties. The family law system assesses these factors carefully before any court makes a final decision.

Yes, but only in limited circumstances. If both parties agree, they can file new consent orders. If not, one party can apply to the court to vary existing orders, but must demonstrate a significant change in circumstances. This is a high bar. Always seek legal advice before attempting to change parenting arrangements through the legal system.

If a parenting plan is not followed, there’s no legal penalty as it’s not enforceable. However, if court orders are breached, the other party may file a contravention application in court. The court for parenting orders may issue penalties or even a recovery order. It’s important to obtain legal advice if you are facing these issues. Court intervention may result in changes being made to parenting arrangements or orders being made to remedy the situation.

An Independent Children’s Lawyer (ICL) is appointed by the family law courts in complex cases to represent the child’s best interests. They do not represent either parent but assist the court in seeking orders that protect the child from risk. They work with family report writers and may obtain evidence from teachers or other professionals, and often working with psychologists and other professionals to ascertain the child’s views, understand the child’s needs and make recommendations which are in the children’s best interests.

Child Support (Services Australia) calculates child support using a standard formula that considers each parent’s income, the amount of time the child spends with each parent, and the child’s age. This is known as an administrative assessment.

However, parents can also enter into private child support agreements, either:

• A limited child support agreement, which must be in writing and based on a Child Support Agency assessment; or
• A binding child support agreement, which can set any amount (even if different from the assessed amount), but requires both parties to obtain independent legal advice.

Agreements offer more flexibility than administrative assessments and can cover extra expenses like school fees or medical costs.

If disputes arise, getting advice from experienced family lawyers is a good first step. You can request a reassessment through Child Support, or, in some cases, apply to the court to resolve issues or enforce payments.