Informal Custody Dispute
The client is facing issues regarding access to their children after separating from their spouse. An informal arrangement was in place for the client to see the children on Sundays; however, this access is now being denied by the spouse without clear justification. No formal custody arrangements have been established, prompting the client to explore potential legal avenues to resolve this issue.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps should I take to formalise a parenting agreement for seeing my kids on weekends?
To formalise a parenting agreement, you may want to create a Parenting Plan, which is a written document outlining care arrangements. It should detail the schedule, including time spent with the children on weekends, and must be signed by both parents to be valid. Although not legally binding, a Parenting Plan can serve as a record of your agreement if legal action becomes necessary. Alternatively, you could apply to the Family Court for Consent Orders, which are legally enforceable. More information can be found on the Federal Circuit and Family Court of Australia website.
How can I enforce the informal agreement regarding child visitation?
To enforce the informal visitation agreement, it is advisable to formalise the arrangement through a Parenting Plan or a Consent Order. A Parenting Plan is a voluntary document signed by both parents that outlines the children's arrangements. While it is not legally enforceable, it reflects a mutual understanding. For a legally binding agreement, applying for a Consent Order through the Family Court is necessary. If disputes arise, engaging a family dispute resolution service can help mediate issues without resorting to court.
What legal options are available if my spouse continues to prevent me from seeing my children?
If access to your children is being denied, you can apply to the Family Court for a Parenting Order, which establishes care arrangements for the children. You need to show that you attempted family dispute resolution beforehand, unless there are urgent concerns regarding safety. Consulting with a family lawyer can help ensure your rights and the best interests of your children are protected.
Are there any alternative dispute resolution methods we could consider to resolve this issue amicably?
Mediation is a viable alternative dispute resolution method. It involves a neutral mediator helping both parents discuss and reach an agreement regarding child visitation. This process can be less confrontational and more expedient than court proceedings. Family Relationship Centres often provide mediation services. Collaborative law is another option, where both parties, with legal representation, focus on resolving disputes outside of court.
What factors do the courts consider in determining parenting arrangements if we cannot reach an agreement?
In deciding on parenting arrangements, the courts prioritize the best interests of the child. Factors include the child’s relationship with each parent, the ability of the parents to fulfill the child's needs, the child's wishes (based on maturity), and any history of family violence. The court aims for consistency and stability in the child's life, as outlined in the Family Law Act.
