Parenting Arrangements

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Introduction
Pre-Action Procedures
Your day at Court

Introduction     Return to TOP

At Paul & Paul Lawyers we realise that both parents have an important and ongoing role in children’s lives. We understand the critical nature of parenting arrangements at all stages of children’s development and upbringing and we can assist you to reach an agreement with your spouse that is in the best interests of your children. We can advise you as to your rights, and we can be consulted in the event of any change you may consider is for the benefit of your children and that you believe to be in their best interests.

2006 saw significant amendments to the Family Law Act in relation to parenting. Under the Act there is now a presumption in favour of shared parenting. The terminology of “custody” or “access” is no longer used.

The 2006 amendments provide legislative support for a less adversarial approach to children’s issues and seek to provide you and the other parent with counselling and dispute resolution services in the hope that you will avoid Court proceedings.

Pre-Action Procedures      Return to TOP

Before proceedings can be commenced, both parents must have done all that they can themselves to try and resolve parenting matters in dispute.

A parent (or other interest party such as a grandparent) may not commence proceedings until she/he has obtained a Certificate from a Family Dispute Resolution Practitioner.

The Certificate is required except in the most urgent of cases, or cases involving family violence – see exemptions listed below.

Paul and Paul Lawyers have access to qualified, highly regarded Family Dispute Resolution Practitioners who can assist you.

The Certificate must be filed with any Application for parenting orders, as set out in Section 60I of the Family Law Act

Family dispute resolution practitioners may give one of the following types of Certificates to a person:

1. a certificate that the person did not attend family dispute resolution with
    the practitioner and the other party or parties;

2. a certificate that the person did not attend family dispute resolution with
    the practitioner because the practitioner considers that it would not be
    appropriate to conduct the proposed family dispute resolution;

3. a certificate that the person attended family dispute resolution with the
    practitioner and the other party or parties to the proceedings and that all
    attendees made a genuine effort to resolve the issue or issues;

4. a certificate to the effect that the person attended family dispute
    resolution with the practitioner and the other party or parties to the
    proceedings in relation to the issue or issues that the order would deal
    with, but that the person, the other party or another of the parties did not
    make a genuine effort to resolve the issue or issues.

When are you not required to file a Certificate:

You are not required to file a Certificate when the Court is satisfied that there are reasonable grounds to believe that:

1. there has been abuse of the child by one of the parties to the proceedings; or
2. there would be a risk of abuse of the child if there were to be a delay in
    applying for the order; or
3. there has been family violence by one of the parties to the proceedings; or
4. there is a risk of family violence by one of the parties to the proceedings; or
5. all the following conditions are satisfied:
a. the application is made in relation to a particular issue;
b. a Court order has been made in relation to that issue within the period
               of 12 months before the application is made;
c. the application is made in relation to a contravention of the order by a
               person;
d. the Court is satisfied that there are reasonable grounds to believe that
               the person has behaved in a way that shows a serious disregard for
               his or her obligations under the order; or
e. the application is made in circumstances of urgency; or
f. one or more of the parties to the proceedings is unable to participate
               effectively in family dispute resolution (whether because of an
               incapacity of some kind, physical remoteness from dispute resolution
               services, or for some other reason); or
g. other circumstances specified in the regulations are satisfied.

Paul & Paul Lawyers offer advice in each of the above situations, and we are able to assist you to obtain the appropriate Certificate for your particular circumstances, or can advise you of circumstances in which you may commence proceedings without (first obtaining a certificate).

Contact us directly for immediate, confidential advice.

Your Day at Court      Return to TOP

• The Family Law Act now provides when dealing with children’s matters, that you and your former partner attend a Child Dispute Conference with a Family Consultant in an endeavor to assist you both to resolve your issues. For a number of reasons we should give you legal advice before this occurs.
• Division 12A, introduced into the legislation in 2006, sets in place a less adversarial approach to dealing with parenting issues.
• The unique aspect of this approach is that it endeavours to make the legal process less time-consuming, and to reduce conflict between parents.
• The allocated Judge takes an active role in the procedure – to the point where the Judge will decide exactly what issues can be the subject of evidence; and what witnesses and evidence are appropriate.
• The actual hearing of the case by the allocated Judge commences with the first Court event before that Judge. It is therefore a very important occasion which can have a bearing on the final result. You will normally require detailed legal advice prior to that occasion in Court and legal representation on the day.