A Guide to Shared Parenting After A Divorce

Separation and divorce are stressful, life-changing events for all those who are involved in the matter. This is particularly true for the divorcing couple’s children. That is why the Australian family law have taken particular care to safeguard the best interests of the children while deciding on their custody after a divorce.

In 2006, the Australian government introduced the landmark “shared parenting” laws as its commitment towards building a family law system that would support the needs of the contemporary Australian families.  The 2006 Amendments to the Family Law Act 1975, prioritized the rights of the children, delineated the responsibility that each parent has towards the children and supported each child’s right to meaningful relationship with both parents, where it is safe.

Children and No-Fault Divorce

It is no longer required for couples seeking divorce, to prove that one party was at fault for the breakdown of the marriage. However, before a divorce can come into effect, the courts decide on important matters such as parenting arrangements. If there is a history of violence or substance abuse, or mental illness, courts can take into such things while determining what is in the best interest of the couple’s children. The Court won’t grant divorce until necessary arrangements have been made for the care, development and welfare of a couple’s children.

Parental Arrangements for Shared Responsibility After Divorce

Once separated, the couple may need help in sorting things out regarding their parental responsibility in the changed scenario. They can, however, choose to go for an informal settlement, after mutual consent, called “parenting plan” in deciding the child care arrangements. Parenting plans can be consensual, between the two parties or they can be applied to the courts for an enforceable arrangement/parenting plan. In either case, it is best to consult and seek adequate legal help in advance to protect your interest at law. 

Informal Parental Arrangements 

In cases where these arrangements are informal or verbal, it is advisable that these arrangements are reduced to writing or going a step forward, filed with and sealed and formalised by the courts. Law encourages that rather than contesting parental arrangements in courts, divorcing couples should arrive at mutually consented agreement while deciding on shared responsibility and making parental arrangements regarding Child Custody. Legal help from reputed Family lawyers can help in drafting Consent Orders so that the agreement can be formalised. This will help in protecting your interests at law. You can file an Application for Consent Orders and ask the Court to recognise this agreement. 

Mediation

It is in your best interest that you and your former spouse agree on arrangements for the children following advice from a solicitor, or attending mediation, counselling or Family Dispute Resolution.

Seeking Parenting Orders from Court

If negotiation or mediation does not result in an agreed set of parental arrangements, in the event where no agreement is reached, you may wish to apply to the Family Law Courts to obtain Parenting Orders on your half that governing the arrangements for your children. However, obtaining a Certificate from a Family Dispute Resolution Provider, before either party can file an application, is mandatory.

Way Forward

Divorcing couples can seek legal advice from reputed family lawyers, like Prime Lawyers who are experienced in courtroom litigation and in negotiating such cases. Contesting parental plans in courts can be a lengthy process and financially draining. Experienced Family Lawyers can assist clients in handling the case better by aiming to settle the matter without recourse to court action.