CK Lawyers would have to be the most amazing, compassionate and honest Law Firm. They work together to offer you the best experience and explain everything from beginning to end. I cannot thank Walid enough for all his work and support he offered. Walid goes the extra mile to achieve the best results for all his clients. Highly recommended.
Lawyer for Parenting Arrangements in Parramatta
Highly experienced & intensely committed to your cause
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Determining the time each parent will spend with their children after separation can be one of the most difficult aspects to navigate.
The law prioritises the Best Interests of the Children as the primary consideration. This means that any proposed arrangement must meet the criteria of serving the children’s best interests. We understand what this entails in practical terms and will support you in structuring your proposal to reflect this.
Whether you and your ex-partner have already reached an agreement on caring for your children, need help in reaching a consensus, or are struggling to negotiate parenting arrangements, our team is here to assist you.
You’ve Agreed on Parenting Arrangements, What Happens Next?
Once you’ve reached an agreement, there are two ways to formalise the terms of your shared care for your children:
- Parenting Plan
- Consent Orders
A Parenting Plan is an informal document that outlines the details of your care arrangements.
Consent Orders, on the other hand, involve submitting your agreement to the Court for approval. If the Court endorses the terms, they become legally binding Parenting Orders, which means both parents must comply with the orders or face potential penalties for non-compliance.
Regardless of the option you choose, it is crucial that both parties seek independent legal advice. As family lawyers, we often see cases where people later regret or want to change the terms of their arrangements, leading to unnecessary stress, complications, and legal costs.
Our team can provide you with the guidance you need to ensure that your Parenting Plan or Consent Orders are structured to benefit both you and your children not only in the immediate term but well into the future.
What if You Can’t Agree on Parenting Arrangements?
If you and your ex-partner cannot agree on shared care arrangements for your children, the first step is to seek legal advice to understand whether your proposed arrangements would be deemed suitable by the Family Court.
There are several options available if you’re unable to reach an agreement on parenting matters. Consulting a family lawyer will help you decide whether to continue negotiations—either with or without legal support—or to explore family dispute resolution options.
One common approach is mediation, also known as Family Dispute Resolution. Mediation involves both parents, and their lawyers if needed, meeting with an independent, trained mediator who specialises in family disputes. The mediator will help identify the key issues and may provide guidance on what outcomes a court might consider reasonable.
The primary aim of mediation and other dispute resolution methods is to assist both parties in reaching an agreement on the key issues in contention. This process is designed to prevent a third party—such as a Judge—from making decisions about your children’s care.
Mediation can also help you avoid the significant financial costs and emotional strain of taking a parenting dispute to court. It’s essential to keep in mind the impact that a prolonged dispute can have on both you and your children.
If there are concerns about safety, there are alternative ways to conduct mediation to protect the well-being of those involved.
Getting early advice from a family lawyer enables you to understand your options and negotiate from a well-informed position during mediation. It can also help you avoid the considerable expense, time delays, and stress associated with preparing for a Family Court hearing.
If mediation does not resolve the dispute, court proceedings may be necessary. However, going to court can be a lengthy and costly process, often taking a significant toll on all parties involved. The considerations which a court takes into account are set out in section 60CC of the Family Law Act
Safety and protection from harm: This includes the need to protect the child from physical, psychological, or emotional harm, and to protect the child from family violence or abuse.
Child’s views: The court must give proper weight to the child’s views, considering their age, maturity, and circumstances.
Parenting capacity: The court considers the capacity of each parent or caregiver to provide for the child’s needs, including emotional, physical, and psychological care.
Cultural considerations: Special attention is given to maintaining and promoting the child’s connection to their culture, particularly for Aboriginal and Torres Strait Islander children.
Development of the child’s identity: This includes the importance of maintaining relationships that support the child’s sense of identity and connection with family, culture, and community.
What if You Want to make Changes to Parenting Arrangements?
Do you have a Parenting Plan or Parenting Orders in place but need to make some changes?
The type of arrangement you have—whether it’s a Parenting Plan or Parenting Orders—will determine your options for making adjustments. A Parenting Plan is an informal agreement, while Parenting Orders are legally binding and require a different approach to modify.
Changes to a Parenting Plan
If you have a Parenting Plan and both you and the other parent agree to make changes, we can help you update your Parenting Plan accordingly.
If communication isn’t possible or it’s unsafe to discuss changes directly, please get in touch with our team to explore your options and find a solution that works for your situation.
Changes to Consent Orders or Parenting Orders
If you already have Parenting Orders in place but would like to make changes, it may or may not be possible depending on your current arrangements and the circumstances surrounding those Orders.
If the Orders were issued by a Judge, a significant change in circumstances is generally required for the Court to consider amending them.
If both parties agree on the proposed changes, you may be able to have the Orders modified. Our team can help you prepare and file the necessary Consent paperwork for the Court’s approval.
If the other parent does not agree with your proposed changes, our family lawyers can provide advice on your options and the likelihood of success. Should you choose to proceed, we can support you through the application process and represent you in Court.
Your Trusted Family Lawyers in Parramatta and Western Sydney
Our family law team, led by Walid Kalouche, is distinctly qualified, highly experienced & intensely committed to your cause. We can provide advice and support across all aspects of family law.
Whether you and your former partner or spouse are amicable or in dispute, our family lawyers understand the gravity of what you are going through right now. Replace the uncertainty with clarity as you navigate your next steps.
The family law team at CK Lawyers in Parramatta is distinctly qualified, highly experienced & intensely committed to your cause. We have a proven history of successful outcomes through negotiation and advocacy, in and out of court.
