Parenting Orders And Family Law in Australia
It is no secret that divorces are ugly, most importantly when there are minor children involved. As a parent, your responsibility towards your child doesn’t end because you did not get along with your partner. As per the Australian family law, your responsibility being a parent continues till your infants are of legal age, unless the judge has ordered otherwise due to certain circumstances.
Typically, the parents are able to reach an agreement. Family law in Australia also places a heavy emphasis on such agreements where both parents are taking part in making arrangements for the children. Though court proceedings are sometimes resorted to, these are discouraged vehemently by the legal system.
How is it that Parents Reach an Agreement?
Australian family law has established special Family Relationship Centers that happen to be located all around the continent. These centers are used to counsel parents and families, and offer to them all of the details about their relationship in addition to separation. These centers also help the parents reach agreements regarding their children after separation. Alongside Family Relationship Centers, the courts have also established ‘pre-action procedures’, which you will find are specific steps that the parents ought to take before they can take the infant custody matter to court. It is important for the parents to get a certificate from a Family Dispute Resolution practitioner, stating that genuine efforts have been made to resolve the family issues before taking the matter to court.
What to Do When an Agreement Cannot be Reached?
Often, parents are certainly not willing to agree on the matter of their children. In that case, they often touch upon the family courts. The family courts, consequently, determine which parent is in charge of what and create legal orders accordingly. These orders are classified as the parenting orders. You can find four various kinds of parenting orders in accordance with Australian family law. These would be the orders for parent responsibility and decision making, living arrangements and custody, communication and investing time and resources with the parent with which the little one will not live and child maintenance and support. Anyone concerned about the welfare of a typical child can approach the legal to obtain such orders.
What Should You Do?
It is best if both the parents can agree on the care and support of the child. Such mutual agreements are usually more amicable, cheaper and better for the children. However, you can always find cases where a lot of bitterness comes about and the parents are certainly not ready to reach mutual agreements. In such cases, it is advisable to talk to a household lawyer and discuss the way in which to move forward.