PARENTING ARRANGEMENTS
Compassionate family law solutions for your parenting arrangements. Discover a brighter future for you and your family with the support of our lawyers.
When it comes to custody and parenting arrangements, you need an experienced family law firm on your side. At Ann Legal, our compassionate team is dedicated to helping you find a resolution that works for you and your children.
Our extensive experience in custody and parenting arrangements matters, combined with out knowledge of the family law legal system, ensures that you receive the best possible outcome for your matter. We understand that custody arrangements can be a difficult and emotional process, which is why we provide you with personalised attention and guidance throughout your matter.
Our family law team will work with you to understand your unique circumstances and tailor our approach to meet your specific needs. Whether you are dealing with a complex custody dispute or need help with modifications to an existing agreement, we have the knowledge and experience to help.
Our family lawyers in Newcastle, Maitland, Central Coast, Lake Macquarie, and the Hunter region, are committed to providing you with the highest quality legal representation. We will take the time to listen to your needs and provide personalised guidance and support to help you navigate the legal process with confidence. Contact us today to schedule a consultation and take the first step towards a brighter future for you and your family.
YOUR LOCAL CHILD CUSTODY LAWYERS
At Ann Legal, we are more than just a family law firm - we are your trusted legal partner. Our experienced family law team understands the unique challenges faced by families dealing with custody and parenting arrangements, and we provide compassionate support and guidance throughout the entire legal process. Serving Newcastle, Maitland, Central Coast, Lake Macquarie, and the Hunter regions, we are committed to providing you with the highest quality legal representation at affordable prices.
CALL OUR FAMILY LAWYERS TODAY (02) 8005 8025
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With our in-depth knowledge of the family law legal system and our dedication to achieving the best possible outcomes for our clients, you can trust that you are in good hands. Contact us today to schedule a consultation and let us help you navigate through this challenging time with confidence. If you're in need of a family lawyer in Newcastle, Maitland, Central Coast, Lake Macquarie, or the Hunter region, contact us to schedule a consultation.
3 Options for Formalising Parenting Arrangements: A Guide for Separated Couples
If you and your ex-partner have agreed on a parenting arrangement, there are several options available to you. Here are some of them:
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Consent Orders: You can formalise your parenting agreement by applying for Consent Orders from the Federal Circuit and Family Court of Australia. Consent Orders are a written agreement that is approved by the court, and they have the same legal effect as an order made by a judge. To find out more about Consent Orders click here.
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Parenting Plan: You can also create a parenting plan, which is a written agreement between you and your ex-partner outlining how you will both care for your children. Unlike Consent Orders, a parenting plan is not legally binding, but it can still be a useful document to have in place as it can help you avoid future disputes. To find out more about Parenting Plans click here.
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Mediation: If you and your ex-partner are having trouble coming to an agreement, you may want to consider mediation. This is where you meet with a neutral third party, known as a mediator, who will help facilitate discussions between you and your ex-partner to reach a mutually acceptable agreement. This process is required by law before you can apply to the court for a parenting order. To find out more about Mediations click here.
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It is always advisable to seek legal advice when dealing with parenting arrangements to ensure that your rights and the best interests of your children are protected.
What to Do When There's No Agreement on Parenting Arrangements
If there is no agreement between you and your ex-partner regarding parenting arrangements, there are several options available to you. Here are some of them:
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Family Dispute Resolution: If you cannot reach an agreement, you will need to attend family dispute resolution (mediation) before you can apply to the court for a parenting order. Family dispute resolution is a mandatory process under the Family Law Act 1975.
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Negotiation: You and your ex-partner can try negotiating a parenting arrangement directly or through your respective lawyers.
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Court Proceedings: If you are unable to reach an agreement through mediation or negotiation, you may need to apply to the court for a parenting order. The court will consider the best interests of the child when making a decision.
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It is always advisable to seek legal advice when dealing with parenting arrangements to ensure that your rights and the best interests of your children are protected.
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How will our assets be divided?The division of assets between parties is determined through a four-step process under the Family Law Act 1975. This process involves identifying and valuing assets and liabilities, assessing contributions to the acquisition and maintenance of assets, assessing future needs, and considering whether the proposed division is just and equitable. The court considers all relevant factors, such as the length of the relationship, age and health of the parties, and any other relevant considerations. It's essential to seek legal advice to understand your rights and obligations regarding property settlement.
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Are there prenups in Australia?Yes, prenups, also known as binding financial agreements (BFAs), are recognized and enforceable in Australia. They are designed to set out how assets will be divided in the event of a separation or divorce. Both parties must obtain independent legal advice before signing a BFA, and it must meet certain legal requirements to be enforceable.
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What are financial agreements?Financial agreements refer to legally binding agreements that outline how assets and financial resources will be divided between parties in the event of a separation or divorce. They are commonly known as binding financial agreements (BFAs) and can cover various aspects of financial matters, such as property, superannuation, and spousal maintenance. BFAs must be in writing, signed by both parties, and certified by a lawyer to be legally enforceable.
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When can I enter into a Binding Financial Agreement (BFA)?You can enter into a financial agreement before, during, or after a relationship. Before signing a financial agreement, both parties must receive independent legal advice and the agreement must meet certain legal requirements to be binding and enforceable. It's important to seek legal advice to ensure the agreement is fair and meets your needs.
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Is there a time limit for a property settlement after a divorce is granted?Yes. You only have 12 months from the date your divorce becomes effective to make a property settlement or spousal maintenance claim. This is why it is strongly recommended that separating couples sort out their finances well before a divorce is granted.
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What happens to super in property settlements?Superannuation in Australia is considered as property and can be divided between separating couples as part of their property settlement. This can be done through splitting, which involves transferring a portion of one person's superannuation to the other person's fund, or flagging, which involves setting aside a portion of the superannuation until a certain condition is met. It is important to note that superannuation must be specifically addressed in the settlement, and can be agreed upon by the couple or ordered by the court.
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Do I have to pay child support even if my ex isn't letting me see my child?Yes. Even though a parent may not see their child regularly they may still be assessed for child support.
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Can my ex travel overseas with our child without my consent?If both parents have parental responsibility for the child, then they usually must either both consent to the child travelling overseas or there must be a court order allowing the child to travel. If only one parent has parental responsibility, they may be able to make the decision to travel overseas with the child without the other parent's consent or a court order, but this will depend on the circumstances of the case.
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Will I stop paying child support if I remarry?Remarrying in Australia does not automatically end child support obligations. Child support is based on the child's needs and parents' income. However, if remarrying results in a change of income or circumstances, a parent can apply to the Child Support Agency for a reassessment.
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Do I have to take my child to court?It is not mandatory for a child to attend court in family law proceedings, and it is generally not encouraged unless it is necessary for the court to hear from the child. The court may make other arrangements, such as appointing an independent children's lawyer to represent the child's interests, or they may ask a court child expert to speak to the child and hear the child's views.
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If there's an AVO against me and the children are listed on it, can I still see them?If you have an Apprehended Violence Order (AVO) against you in NSW for the protection of your children, the terms of the order will generally prohibit you from contacting or approaching your children. However, it may be possible to arrange supervised contact with your children in certain circumstances, such as through a court order or with the agreement of the other parent/protected person. It is important to seek legal advice to understand your options and obligations.
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I received a letter from my ex's solicitor asking to see the children more. What should I do?It is not recommended to ignore a solicitor letter. Solicitor letters are typically sent to communicate legal matters and in an attempt to resolve a matter without the need to go to court. If you receive a solicitor letter, it is important to read it carefully and seek legal advice as soon as possible. Ignoring the letter may result in legal action being taken, which can be costly and time-consuming.
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What happens to overseas assets in a property settlement?Overseas assets are considered as property and can be taken into account in a property settlement in Australia. However, dividing these assets can be complex due to foreign laws and regulations. The couple or court must determine the value of the assets and whether they are owned jointly or separately. If the assets are owned jointly, they will be divided according to the agreement or court order. If owned separately, they will be treated as individual property. It's important to consider tax and legal issues in both Australia and the country where the assets are located. Legal advice from foreign and Australian lawyers may be necessary.
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What is a divorce?A divorce is the legal end of the marriage. In Australia you can get divorced by filing an application in the Federal Circuit and Family Court of Australia. You can file an application for divorce by yourself (sole application) or together with the other party to the marriage (joint application). Once the divorce is granted the parties are no longer legally married. Divorce, however, does not deal with matters such as spousal maintenance, property or financial settlement or parenting and custody orders.
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Can I get divorced?To be eligible for divorce in Australia you must be either: born in Australia or have become an Australian citizen by descent (born outside Australia and at least one parent was an Australian citizen and your birth is registered in Australia). an Australian citizen by grant of Australian citizenship (a citizenship certificate will be required). lawfully present in Australia and intend to continue living in Australia. You must have been living in Australia for at least the last 12 months - evidence must be provided e.g. your passport showing the date of arrival at least one year prior and a valid or current visa. To be eligible for divorce in Australia you must also show that: the marriage has broken down and there is no reasonable likelihood that the parties to the marriage will get back together the parties to the marriage have been separated for 12 months and 1 day or longer
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I've been married less than 2 years. Can I still get a divorce?If you've been married less than 2 years you and your spouse will need to first attend counselling with a family counsellor to discuss the possibility of reconciliation. Once you attend counselling you should ask your family counsellor to complete a counselling certificate that they discussed the possibility of reconciliation with you and your spouse. To find a counsellor you can contact the Family Relationship Advice Line (FRAL) on 1800 050 321 or you can visit https://www.familyrelationships.gov.au. If you are unable to attend counselling with your spouse then you will need to provide further evidence to the Court as to why you could not attend counselling and seek the permission of the Court to apply for a divorce without a counselling certificate.
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Do I have to attend Court to get a divorce?If you filed a divorce application by yourself and there are children of the marriage that are under 18 years of age then you must attend Court when your divorce application is heard. If you and your spouse made your divorce application jointly, then you will not need to attend Court, even if there are minor children of the marriage, provided that you provided sufficient information to the Court for it to make a determination of your divorce application. However, if the Court needs further information, they will adjourn your case and direct you to file additional material or to attend the next court hearing.
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I'm still living with my spouse. Can I still get a divorce?If you and your spouse still live together, or have lived together for any part of the 12 months prior to filing your divorce application, you will need to provide the Court with further evidence that you are indeed separated. If you are filing a joint divorce application you and your spouse should both provide that evidence. Regardless of whether you are filing a joint or sole divorce application, you should ask a third person to corroborate your evidence.
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Can my spouse and I just separate without getting a divorce?If you and your spouse choose to separate but do not get divorced, you will remain legally tied to one another. This means that you and your spouse will remain legally married until you get a divorce and will also be financially tied to one another.
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I am in a same-sex marriage. Can I still apply for divorce?In Australia the divorce process for same-sex marriages is the same as for heterosexual marriages.
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What are the grounds for divorce?In Australia there is a no-fault based divorce system which means that you do not have to provide a reason for the breakdown of your marriage. All you need to establish is that your marriage has broken down and there is no reasonable likelihood that you and your spouse will get back together.
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Do your fees include disbursements or other expenses?Our fixed fees do not cover disbursements and other expenses, which are your responsibility. These disbursements may include fees for filing documents, process service, conducting searches, obtaining expert reports, retaining the services of Counsel (barrister), and so on. If we need to incur any disbursements on your behalf, we will inform you well in advance to avoid any surprises.
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What about Counsel (barrister) fees?If your legal matter necessitates the services of Counsel (barrister), our law firm will keep you informed well in advance. We understand that engaging a barrister can add to the cost of legal proceedings and as such, we will not engage any Counsel without obtaining your explicit authorisation. Our aim is to ensure that you remain in control of your legal proceedings and that you are fully informed of any and all costs associated with your case.
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Do you do Legal Aid work?Yes! Ann Legal is part of the NSW Family Law Legal Aid Panel, which enables us to work with clients who qualify for Legal Aid in family law matters. We are committed to providing accessible legal representation to those who may be facing financial difficulties and are eligible for legal assistance. Our team of experienced family lawyers is dedicated to ensuring that our clients receive the support and representation they require, regardless of their financial situation.
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Do you offer payment plans?Absolutely! At our law firm, we understand that legal fees can be a significant financial burden for many of our clients. To alleviate this, we offer flexible payment plans that are tailored to your specific circumstances and agreed upon by all parties involved. Our aim is to ensure that you have access to quality legal representation without undue financial hardship. We are happy to discuss payment plan options with you and find a solution that meets your needs.
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Why are your fees lower than other law firms?At Ann Legal, we firmly believe in providing equal access to quality legal representation for everyone, not just those who can afford it. We do not burden our clients with the cost of an extravagant office with an ocean view. Being one of the first "newlaw" law firms in Newcastle, we proudly operate in a paperless environment, which allows us to keep our overheads low. By prioritizing our clients' needs, we can offer great value for our services.