Family Court Lawyers

The Court encourages early resolution and agreement regarding child access and parenting arrangements. These arrangements often evolve based on factors such as the child’s age, parental locations, practicalities of shared time, special needs, and schooling requirements. Typically, younger children spend more time with the primary caregiver, with arrangements adjusting as the child grows.

There are three primary ways to navigate child access arrangements post-separation:

1. Informal Parenting Agreement: This is a voluntary agreement between parents without Court intervention. It offers flexibility and is commonly used in amicable separations.
2. Parenting Plan: A formalised written agreement that helps structure parenting arrangements, including exceptions to intervention orders. While not legally enforceable, a parenting plan provides greater certainty and can be converted into legally binding Court orders if needed.
3. Parenting Order: If an agreement cannot be reached, a parent can apply to the Court for a parenting order. Before doing so, the Family Law Act 1975 requires parties to attempt alternative dispute resolution, typically through Family Dispute Resolution (FDR) mediation with an independent practitioner. If mediation fails, an FDR Practitioner must issue a certificate confirming that resolution was not achieved, allowing the matter to proceed to Court. Some exceptions apply to this requirement.