It is going to cost you less in time, money and emotional distress, and be easier on your children, if you both agree on the arrangements you wish to make for your children after you separate.
There are a number of ways of formalising agreements relating to children, although you are not obliged to do so. One way is to ask the Family Court or the Federal Magistrate’s Court to make parenting orders by consent. Another option is to enter into a written parenting plan which records the agreed arrangements.
If you cannot agree on the arrangements for your children, you can apply to the Family Court or the Federal Magistrates Court to determine which parent is responsible for what. These orders are called parenting orders.
They are of four types:
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Orders about parental responsibility and decision-making
- Orders about with whom the child with live
- Orders about the child spending time with, and communicating with, the parent with whom he or she does not live
- Child Maintenance Orders – these are infrequent because most children are now covered by the Child Support Scheme.
A parent, a child or anyone else concerned with the welfare of the child can apply to the Family Court or the Federal Magistrates Court for a parenting order. For example, grandparents or stepparents are entitled to apply to the Court."
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