Child Custody and Parenting Arrangements

The lawyers here at Rockwell Family Law are well-versed in Family Law. There are no “small” questions and no “minor” issues when it comes to family law. You can ask us anything. We recommend writing out a list of questions you have, for your fist consultation with us. We also recommending asking about fees, how long the entire process might take and what happens in the worst-case-scenario in the event you were unable to reach agreement and the matter when to court.

If you don’t fully understand the terminology used on this website, ask us questions about the words used. Our Legal Practice Director is known to get the dictionary out herself from time-to-time, having a preference for simple, non-legal language. She also thinks its important you feel comfortable at all times discussing fees. Its your hard-earned money and these economic times are hard. Please feel free to discuss all your concerns with us. That’s what we are here for.

Firstly, the technical term for “custody” is now “Parental Responsibility” (i.e. long-term decision-making power). Parental Responsibility is different to “live with” and “spend time and communicate with” arrangements.

If you are seeking “custody” you are probably seeking some or all of these arrangements. If both parents are agree about these arrangements, then yes, you can get “custody” of your children without a lawyer. However, there are complexities and nuances involved. If you want something enforceable, something you can hold the other parent to, you should seek legal advice.

If a court deems both parents are unwilling or unable to fulfil the obligations and responsibilities or parenthood, then an extended family member may be considered to be the guardian of the child. If this is not possible, a Childrens Court will likely place the child in care of the State (foster care).

That said, if an extended family member is found appropriate and wants to take on all the obligations and responsibilities of parenthood for the child, they can agree with the State to apply for parental responsibility through the family court system.

Generally, I f parents cannot agree on parenting arrangements (with or without the help of lawyers), they must first participate in “compulsory family dispute resolution” before they can consider applying to a family court to resolve the dispute. Compulsory family dispute resolution is a form of mediation or alternative dispute resolution where a Family Dispute Resolution Practitioner (much like a mediator) helps parents try to reach an agreement.

Only once that has failed, a parent has been issued with a Certificate, can they apply to the family court for parenting Orders. Once in Court, a long process involving various court dates and more alternative dispute resolution, begins. After about 12 months, if there has been no resolution, a final hearing will occur where each parent is cross-examined and a Judge imposes a decision about parenting arrangements upon both parents.

You can negotiate your own parenting arrangement. Do you know what clauses should be included so that you cover each issue that is usually included in a Parenting Plan or Consent Order. Do you know how to write the clauses and what language needs to be included. We recommend you bring any agreement you are considering entering, to us, so that we can check the agreement covers everything.

This is especially important when it comes to Consent Orders. The court doesn’t “rubber stamp” Consent Orders. If Consent Orders aren’t property written or supported by the proper evidence in your Application, it will “requisition” the Application or may refuse to make the Orders. This can be time-consuming, costly, frustrating and overwhelming. It is a good idea to obtain legal advice first to avoid these things occurring.