Agreement Without Court

CHILDREN & PARENTING ISSUES

Especially regarding children, it is important to avoid Court if possible. The conflict will make things worse.

An agreement can be obtained without going to Court. This is possible with what is called Consent Orders, and with children there is the additional option of a parenting plan.

CHILDREN - Important to Consider

When working out the arrangements for children there are many factors to take into account. There are two primary considerations and many others. But always, the guiding principal is what is best for the child.

The terms "custody", "contact" and "access" are no longer used.

The terms used now are; "parental responsibility"; Who the child "lives with" and how much "time they spend" with each parent.

Best Interest of the Child

Best Interests of Children

There are no set or standard parenting arrangements. There is no automatic 50/50 or Dad gets every second weekend and half the holidays.

The overriding factor is; "What is in the best interests of he children"

Primary Consideration ONE

Maintain Relationship with Both Parents

When working out what is in the best interest of the children, it is a primary consideration that the children have a meaningful relationship with both parents.

Importantly, this consideration comes second to protecting the child from family violence.

Primary Consideration TWO

Protect from Family Violence

More important than anything else is to protect the children from family violence.

Keeping in mind the wide definition of family violence.

CHILD FOCUSED

When assessing all issues it is important to be child focused. This means, look at issues though the child's eyes. How does it affect them?

If an issues is unfair to a parent, but best for the child, then the child comes first. .

Types of Parenting Agreements

There are three options for a parenting agreement.

A Handshake

If parents get along okay then a formal agreement may not be needed. If things become difficult later, then one of the other options can be used.

Parenting Plan

Is an informal agreement in writing. It is not legally binding. But breaches can be considered if court action is later started.

Consent Orders

Is a legally binding agreement. Where there is agreement, it can be obtained without anyone going to Court. Usually best where certainty is needed.

MEDIATION

Mediation has a greater importance in parenting issues.

It can be a good way to discuss issues and maybe even reach agreement.

It is compulsory to try before starting court action (but there are exceptions).

There are many low or no cost options. Such as through Relationships Austrialia