·         When you agree about a parenting arrangement it is a good idea to write it all down to make sure you are both clear about exactly what you have agreed to including all the details such as dates, times and places.

• If you have agreed about most issues but are still arguing about a few issues you should try counselling or mediation to assist you to reach an agreement. If you have not already it is a good idea to write down all the things you can agree about and those you cannot before the first session.
• If you prefer to formalise the agreement you can draft a parenting plan or better still draft consent orders and apply for them to be approved by the court. Consent orders are stronger than a parenting plan as they can be enforced by a court if there is a breach. However a parenting plan will still be taken into account if you end up in court and it is more flexible because you can change it by agreement between you. It can be difficult to get consent orders changed because you have to ask the court to make new orders.

• You can draft your own parenting plan without the help of a lawyer.
• The important thing is that you both understand what your responsibilities are and what it is that you are agreeing to. You need to enter the agreement freely.
• If you have any doubts it is a good idea to get some legal advice or attend Family Dispute Resolution (mediation).

• You can also use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.

• There is a requirement that families engage in Family Dispute Resolution (FDR) before their matter can go before a Federal Circuit judge. This is a specific form of mediation with specially trained mediators (FDRPs). Parties are encouraged to work with counsellors, support services and mediators to try to resolve their issues and make their own decisions.
• Unless there are special circumstances such as family violence or an urgent application due to relocation issues you may not file a claim at court without obtaining a certificate proving your willingness to attend FDR.

• Mediation is only required if you cannot agree on arrangements for the children.
• You should write down, date and sign the terms that you have agree on. These terms are often referred to as a ‘parenting plan’. A parenting plan cannot be enforced by the court but may be taken into account if issues are later brought before the court.
• A parenting plan details:
  • which parent the children live with;
  • what time the children spend with the other parent; and
  • other matters such as arrangements for sharing special occasions and changeover when the children move from one parent to the other.
• You may apply to the court for the arrangements you have agreed on to be made orders by consent without either party needing to attend court. You will have a better chance of obtaining your orders quickly and without problems if you first consult a lawyer in relation to the content of your application.
• Our Phone a Lawyer service may be able to put you in touch with an experienced family lawyer for a preliminary consultation.

•  No. You do not need to go to court if you decide to draft consent orders.

• You and your ex-partner may decide to use the Family Law Courts Kit to draft your consent orders or you may instruct a lawyer to assist you with this process.

• Once you have negotiated agreed terms then this can be filed at the court and you can apply for the orders to be approved.

• No. Your case will not go straight to court unless there is an urgent matter that needs to be decided.

• There is a requirement that families engage in Family Dispute Resolution before a claim can be filed at court. You are encouraged to work with counsellors, support services and mediators to try to resolve your issues and make your own decisions about your future.

• The court usually requires a certificate from a Family Dispute Resolution Practitioner as proof that you have engaged in this process. You need this before you can file a claim at court. 

• If your case ends up in court it is because you and your ex-partner cannot agree about parenting arrangements. At the end of the hearing the court can make parenting orders for your children.

• Before the court makes decisions about the parenting orders it will listen to the evidence. Both you and your ex-partner will give evidence and so will an independent Family Consultant. Other people may also need to give evidence relevant to your case.

• When making decisions the court’s primary concern is the best interests of the children.

• The children’s best interest is defined in the legislation (written law). Many things need to be considered but the primary ones are that a child has a right to have a meaningful relationship with both parents and a child has a right to be safe. The child’s safety is the most important factor.

• You will be able to tell the Federal Circuit judge your side of the story through your lawyer, in your affidavit (sworn statement) and in the witness box if there is a hearing. The court will only want to hear evidence that is relevant to the issues in dispute.
• Each case is different. You may need to give information about your family’s financial circumstances and about your children.
• Keep a diary and write down all the things you think are important including the date of separation and the events leading up to it.
• This will help you to talk to your lawyer about your circumstances. Your lawyer will be able to advise you on the information which the Federal Circuit judge will need to know when making a decision.

• This really depends on how busy the court is and how much conflict there is in your relationship. Usually it takes a number of months from start to finish. These cases can take a long time and can be very emotionally and financially draining particularly if you both are determined to argue about every point.

•  Your lawyer is the best person to tell you how long you will have to wait to get a final hearing date from the court and to give you an estimate about the timeframes you can expect.

• If your matter is not complicated our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.

• When the Child Support Agency calculates your child support it uses a special formula.
• This formula takes into account the income of both parents, the cost of raising children, the number of children and the time the children spend in the care of each parent.
• You can find more information about the formula here: http://www.humanservices.gov.au/customer/enablers/child-support/child-support-assessment/working-out-child-support-using-the-basic-formula.

• Both biological parents have a financial responsibility to support their children. Separating or divorcing makes no difference to that.

• You are required to provide your children with financial support even if they do not live with you.

• If you disagree with a child support assessment you can make an application for the decision to be reviewed by the Child Support Agency. You can do this in writing, by calling or by going into a Centrelink office.
• If after the review you still do not agree with the decision then it may be a good idea to speak with a lawyer about what options are available.

• There is no requirement to apply to the Child Support Agency. Many people are able to agree about child support without involving the Agency.
• Some people come to informal or verbal agreements.
• Others may decide to formalise their agreement in writing so that if one parent does not comply then the other can enforce it. These are called child support agreements.

• These agreements can be approved by the Child Support Agency to make them enforceable.

• You can make an urgent application to the court for the recovery and return of your children or an injunction preventing your ex-partner from taking your children.
• The court will consider the evidence and determine what is in the best interests of your children.
• If this has happened or you are concerned it may happen then you should immediately get legal advice about your options.

• You need to get a valid passport for yourself and your children. Both parents need to sign passport application forms.
• You also need to have the written consent from the other parent for each trip overseas.