Parenting Plans Lawyers Sydney
CHATSWOOD CHILD CUSTODY LAWYERS WITH PROVEN SUCCESS IN RESOLVING PARENTING AND VISITATION CONFLICTS
Parenting disputes can be challenging, especially when emotions run high.
At Chatswood Family Lawyers, we understand the profound impact these decisions have on your family’s future. Our role is to help you create parenting arrangements that provide stability and allow your child to thrive while addressing any concerns you may have about visitation or parental responsibility.
With decades of experience resolving disputes—whether through mediation or court proceedings—we’re committed to guiding you through this process with sensitivity and determination, always keeping the focus on your child’s welfare.
Speak to us today to see how we can best help your matter.
WHAT IS A PARENTING PLAN?
A parenting plan is a voluntary, written agreement between parents that outlines how they will share responsibility for their children following separation. Parenting plans are designed to prioritise the welfare and best interests of the child while creating a framework for co-parenting that minimises conflict.
Parenting plans can address key aspects of parenting, such as:
- Living arrangements and visitation schedules.
- How decisions regarding the child’s education, health, and extracurricular activities will be made.
- Communication between parents and the child.
- Holiday and special event arrangements.
Although parenting plans are not legally binding, they offer flexibility and can be tailored to suit the unique needs of your family. At Chatswood Family Lawyers, our family law specialist can help you create a parenting plan that reflects your goals while ensuring it works in the best interests of your child.
WHAT IS A PARENTING ORDER?
A parenting order is a legally enforceable document issued by the Family Court that sets out the parenting arrangements for a child. Parenting orders are typically sought when parents cannot reach an agreement through negotiation or mediation.
Parenting orders can cover similar topics to a parenting plan but with the authority of the court. These orders may include:
- Who the child will live with.
- Time the child will spend with each parent.
- Parental responsibility for major decisions, such as education and health.
- Communication arrangements, including phone or video calls.
THE BEST INTERESTS OF THE CHILD
In all parenting arrangements, the Family Court of Australia prioritises the best interests of the child above all else. This principle ensures that decisions are made with the child’s welfare, safety, and developmental needs in mind.
When determining the best interests of a child, the court considers factors such as:
- The child’s relationship with each parent and significant family members.
- The benefit of the child maintaining a meaningful relationship with both parents.
- Protection from harm, including family violence or neglect.
- The child’s views depending on their age and maturity.
- Practical considerations, such as the parents’ proximity to each other and the child’s schooling.
EFFECTIVE MANAGEMENT OF A VARIETY OF PARENTING ISSUES IN NEW SOUTH WALES
In more than twenty years of family law practice, we’ve successfully resolved numerous parenting issues and disputes.
Common issues include:
Supervised or restricted parenting orders
If the court proceedings indicate that parenting time with the noncustodial parent could be detrimental to the child’s life, then time with the child may be prohibited or subject to special restrictions, such as not allowing a parent to drive the child in a motor vehicle or take them overnight.
This can stem from a history of domestic violence, physical or sexual abuse, or substance abuse, and the court will investigate the allegations before taking action. Courts may also appoint a supervisor to monitor time with the child, and in some cases, this can be a reasonable party which the parents agree upon. The restrictions may be lifted in the future if the court believes the child is no longer at risk.
Custody exchanges in safe locations
Parents with a highly contentious relationship or a history of domestic violence may be encouraged or even required to make changeovers of children at a prearranged safe place, like a shopping mall or police station.
ONLINE ENQUIRY
Parental alienation
When one parent attempts to alienate the other parent from the affections of the child, it can be detrimental to all involved. This is grounds for re-evaluating the parenting order or denying time. If a custodial parent praises or encourages a child for rejecting the noncustodial parent or punishes the youngster for showing affection to the other parent – even in subtle ways – the court can construe that behaviour as a violation of the parenting order.
Third-party parenting
Parents are not the only interested parties in parenting disputes. A custodial parent may deny grandparents access to their grandchildren. Courts have upheld grandparents’ rights to time with a child in cases where emotional bonds existed between the grandparents and the grandchildren who have been active in each other’s lives.
Variation
Because children develop different interests over time and their schedules are constantly changing, variations in parenting plans are often necessary. Some adjustments are easy to negotiate, but major disputes can occur if one parent makes plans to move out of state with the children.
Relocation and Long-Distance Parenting Plans
Relocation cases can be challenging, particularly when one parent wishes to move with the child to a new city, state, or country. Such a move can significantly impact existing parenting arrangements and the child’s relationship with the other parent.
GET EXPERIENCED FAMILY LAW REPRESENTATION FOR VISITATION ISSUES WITH CHATSWOOD FAMILY LAWYERS
A co-parenting relationship can be stressful and complex.
For this reason, it’s important to seek legal advice from an experienced family lawyer who can present your side of the case in a clear and convincing manner.
Chatswood Family Lawyers advocates for parents and grandparents seeking a resolution to visitation disputes throughout the North Shore, Greater Sydney and its environs.
To schedule a consultation, call us on (02) 9412 4500 at our Chatswood office or contact us online or by email at enquiries@chatswoodfamilylawyers.com.au.
WHAT IS A PARENTING PLAN?
What is the difference between a parenting plan and a parenting order?
A parenting plan is a voluntary, written agreement between parents about the care of their children after separation. It is flexible and not legally binding. A parenting order, on the other hand, is a court-issued document that is legally enforceable and typically sought when parents cannot agree on arrangements or when a more formal solution is needed.
Do parenting plans need to be approved by a court?
No, parenting plans do not need court approval. They are private agreements made between the parents. However, they can be converted into parenting orders if the parents want the arrangements to be legally binding.
What happens if my ex-partner doesn’t follow a parenting order?
Parenting orders are legally binding, and breaching them can have serious consequences. If your ex-partner fails to comply, you can apply to the court for enforcement. The court may impose penalties or modify the order to ensure compliance.
Can a parenting plan or order be changed later?
Yes, parenting arrangements can be modified if there is a significant change in circumstances, such as relocation, changes in the child’s needs, or one parent’s inability to fulfil their responsibilities. Changes can be made through mutual agreement (for parenting plans) or by applying to the court (for parenting orders).
Do grandparents have any legal rights under a parenting plan or order?
Yes, Australian family law recognises the importance of grandparents in a child’s life. Grandparents can be included in parenting plans or apply for parenting orders if they have an existing relationship with the child and the arrangement serves the child’s best interests.
Can I include financial arrangements in a parenting plan?
No, parenting plans focus solely on the care and welfare of the child, such as living arrangements, visitation, and decision-making responsibilities. Financial matters, like child support, are handled separately through child support agreements.
Is mediation required before applying for a parenting order?
Yes, in most cases, parents must attend family dispute resolution (mediation) before applying for a parenting order. Mediation helps parents attempt to reach an agreement without involving the court. If mediation is unsuccessful, a certificate is issued, allowing the parents to proceed to court.
What happens if parents cannot agree on a parenting plan?
If parents cannot agree, they can attend mediation to resolve disputes. If mediation fails, they may need to apply to the court for a parenting order to determine the arrangements.
Do I need a lawyer to create a parenting plan?
While it’s not legally required to have a lawyer, working with an experienced family lawyer ensures that the parenting plan is comprehensive, realistic, and serves the child’s best interests. A lawyer can also guide you through potential disputes and help you convert the plan into a binding order if necessary.