Reach an agreement between yourselves
As it is always the case, it is best if you can reach an agreement between yourselves based upon both of your views about what is best for your own children.
If you can reach an agreement, you might want to document your agreement. This agreement can be a parenting plan under the Family Law Act. And it is defined as being an agreement between parents relating to arrangements for children.
And it is a document that can be produced in court at some later stage if that became necessary as evidence of your agreement.
However, that’s not the same as a court order as the provisions of a court order are enforceable. So in other words, if someone doesn’t do what they’re supposed to do under the terms of the order, then the other party may apply to the court to have that person punished for contravening the terms of the order.
Go through a Family Dispute Resolution process
If you can’t make an agreement between yourselves, the next logical step is to go through a Family Dispute Resolution process which is more commonly known as Mediation.
Mediation is compulsory under the Family Law Act and in most cases, prior to anyone being able to make an application to court.
Benefits of Mediation
A quick summary of mediation is that it’s much quicker than going to court. The process is far cheaper than going to court and engaging lawyers.
It can result in better outcomes for children when the parents work together with the assistance of a mediator.
Mediated outcomes are better accepted by parents as they create their own agreement instead of having one imposed upon them by someone such as a judge.
So if you can’t reach an agreement between yourselves, contact us to arrange a mediation with Randal Binnie, our nationally accrediated mediator, and accredited Family Dispute Resolution practitioner.