PARENTING & CHILDREN'S ARRANGEMENTS
There is a general requirement in the Family Law Act that parents try to resolve their issues by family dispute resolution before making an application to the court for parenting orders. Family dispute resolution is a form of specialised mediation that is conducted by a family dispute resolution practitioner, commonly known as a family law mediator. Only accredited and registered family dispute resolution practitioners can issue Section 60I certificates.
WHAT DOES IT ALL MEAN?
SECTION 60I CERTIFICATE
A document called a Section 60I certificate is required to let the court know that mediation has been attempted. There are exceptions in circumstances of urgency, family violence or where there are safety risks. A certificate may be issued where mediation is unsuitable, there is no agreement, or one person declines the invitation to participate in the process.
PARENTING PLAN
A parenting plan is a written agreement signed and dated by both parents, outlining arrangements for parenting their child. It can include details about each parent’s day-to-day responsibilities, practical aspects of the child’s life, and how major, long-term decisions will be made. It is important to note that a parenting plan is not legally binding, unlike a parenting order issued by a court.
PARENTAL RESPONSIBILITY
Parents ordinarily have parental responsibility for their children. This means that both parents can independently make decisions. Where it is safe to do so, separated parents are encouraged to consult with each other when making decisions on important long-term issues like health, education, culture and beliefs. Parents should make decisions that are in the best of their child. Sometimes, a court may step in and make orders, asking parents to make decisions together or giving one parent sole responsibility for some or all long-term decisions.
CUSTODY - LIVE WITH
‘Custody’ is a term previously used to refer to a court order for a child to live with one parent. While the word ‘residence’ replaced the word ‘custody’, neither are current terminology. The Family Law Act now refers to arrangements for a child to ‘live with’ a parent.
ACCESS - SPEND TIME
‘Access’ is a term previously used to refer to a court order for a child to spend time with one parent. While the word ‘contact’ replaced the word ‘access’, neither are current terminology. The Family Law Act now refers to arrangements for a child to ‘spend time with and communicate with’ a parent. Decisions about how much time a child spends with each parent depends on what is in the best interests of the individual child.
BEST INTERESTS OF A CHILD
The Family Law Amendment Act 2023 outlines the factors that need to be considered in deciding what parenting arrangements are in a child’s best interests:
- How safe the child and the people who care for them are
- What the child wants
- What the child needs to develop
- How well each parent can look after the child
- The value of the child having a relationship with their parents and family
- Anything else important in the child's life
TIPS FOR PARENTING AFTER SEPARATION
Generally speaking, children are resilient and can adapt relatively quickly to post-separation arrangements if you meet their needs, and they are appropriately supported. Research shows that it is high conflict that impacts children rather than the separation itself.
What this means is it that you can make a difference in how your children manage after separation. Keeping in mind that you will be parents forever, you can make a difference by:
- Providing structure, love and emotional support for your children.
- Not exposing them to conflict and adult issues.
- Separating your feelings about the other parent with how your children feel.
- Not using your children as a messenger between you and the other parent.
- Letting them know that they can love both their parents.
- Not talking badly about the other parent or putting them down.
- Having a cooperative post-separation parenting relationship.
- Keeping your communication with the other parent respectful and child-centred.
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