Services > Brisbane Family Lawyers > Arrangements for children

Sometimes a parent will seek to formalise care arrangements for a child subsequent to a separation. This may come about because of a dispute between the parents as to where the child will live or the amount of time the child will spend with the other parent.

 

If parents cannot resolve these issues, then unless there are urgent or exceptional circumstances, the parties will need to attend mediation with a registered Family Dispute Resolution Practitioner.

 

Formalising care arrangements - Parenting Plans and Consent Orders

 

In the event that parents reach agreement about these issues (whether by their own efforts or with the assistance of a third party) they can have that written out in the form of a Parenting Plan or Consent Orders.

 

A Parenting Plan is a written document, signed by both parents and detailing the parenting arrangements for the child.

 

If the parties wish to formalise their agreement by Court Orders, they can file an Application for Consent Orders in the Family or Federal Magistrates Court. Once filed in court, the agreement between the parties will then become an Order of the Court and either party can utilise the Court for enforcement of the Order if required in the future.

 

Court proceedings

 

In the event that the parents are unable to reach agreement and following mediation, they can file an application to the Court. If the matter is urgent or there is a history of domestic violence, a party can file in Court without first attending mediation.

 

A party can apply to the court for interim orders. Interim orders, once made, will be in place until the court has the opportunity to full examine the matter at a future trial. An interim hearing is usually held within eight weeks of filing an application to court.

 

For more information, contact us to make an appointment to discuss your situation.

 

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