Resolving Parenting Matters After Separation

Separation often requires parents to make important decisions about their children’s future care, living arrangements and time with each parent. These discussions can be difficult and emotionally challenging for everyone involved, particularly the children.

We provide practical, supportive advice to help you understand your options and work towards parenting arrangements that promote your children’s safety, wellbeing and best interests.

Our involvement can be tailored to your circumstances. Whether you need assistance negotiating with your former partner, representation at mediation, advice about commencing court proceedings or simply help formalising an agreement, we can guide you through each stage of the process.

Negotiating a Parenting Agreement

Where parenting arrangements have not yet been agreed, we can assist you by:

• Advising you about your legal rights and responsibilities, the rights and interests of your children, and how parenting matters are considered under the Family Law Act 1975.
• Helping you identify practical and pragmatic parenting arrangements that respond to your children’s particular needs.
• Communicating and negotiating with your former partner or their legal representative on your behalf.
• Providing clear advice about settlement proposals and the likely practical and legal consequences of each option.
• Working towards an agreement that avoids unnecessary conflict and court proceedings wherever possible.

Mediation and Family Dispute Resolution

If an agreement cannot be reached through direct negotiation, mediation or family dispute resolution can provide a structured environment in which the issues can be discussed.

We can help you prepare for the process, identify the matters requiring resolution and develop realistic proposals. Where appropriate, we can also attend with you, advocate on your behalf and assist with negotiations throughout the conference or mediation.

If an agreement is reached, we can ensure that its terms are clear, workable and properly documented.

Formalising an Agreement

If you and your former partner have already agreed on parenting arrangements—or reach an agreement through negotiation or mediation—we can assist by:

• Advising you about the proposed arrangements and identifying issues you may not have considered.
• Preparing a parenting plan.
• Preparing an application for Consent Orders for filing with the Court.
• Explaining the differences between a parenting plan and legally enforceable court orders.
• Ensuring the agreement accurately reflects the arrangements you have reached.

Parenting Proceedings and Litigation

Although resolving parenting matters without litigation is often preferable, we understand that negotiation and mediation will not be suitable or successful in every case. Court proceedings may be necessary where agreement cannot be reached, urgent action is required or there are concerns about risk or safety.

If litigation becomes necessary, we can:

• Advise you about the available options, likely costs, prospects and court process.
• Assist you to satisfy any pre-filing requirements that apply.
• Prepare and file the necessary court documents.
• Represent you throughout interim hearings, dispute-resolution events and final hearings.
• Continue exploring opportunities to resolve the matter by agreement while protecting your position in the proceedings.

Our approach is focused on achieving a practical and sustainable resolution. We will help you explore negotiation and mediation wherever appropriate, while providing clear advice and strong representation if court proceedings are required.