Shared Parenting Dispute
The client is facing issues with child custody and shared parental responsibility in Victoria. They currently have biweekly visitation rights and seek to increase their time with their children while equally participating in decision-making matters, including potential changes to the children's schooling. The client disagrees with the religious education at the school selected by the other parent due to differing beliefs. Previous mediation attempts have occurred, and the client is open to further mediation or considering a court order. Concerns have been raised regarding the influence of the ex-partner's family on the children since they reside with them.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to obtain a more equitable parenting arrangement, such as shared parental responsibility or increased visitation rights?
To seek a more equitable parenting arrangement, you can apply for a parenting order through the Family Court, which will evaluate what is in the best interests of the children. Start by attempting further mediation since it is generally a required step before court proceedings unless exempted. Demonstrate a commitment to being involved in your children's lives and a willingness to cooperate with the other parent. Present evidence of your capability to provide a stable and supportive environment, alongside your concerns regarding the current arrangement.
How does family law in Australia address disputes over religious education and how might it apply to my situation?
Family law primarily considers the best interests of the child in disputes, including those regarding education. If parents have differing beliefs, there is an emphasis on shared parental responsibility, meaning both parents should jointly make significant decisions, including educational choices. If disagreements arise, courts may intervene if they believe one parent's decision is not aligned with the children's best interests.
What are the potential outcomes if we pursue a court order to formalise the parenting arrangements?
If you pursue a court order to formalise parenting arrangements, the Family Court will prioritize the best interests of the children. Potential outcomes may include a structured visitation schedule, granting you increased time with the children, and shared parental responsibility concerning decision-making on education and religious matters. The court may consider all evidence presented, including your ability to fulfill parental responsibilities and the children's relationships with both parents.
What evidence or documentation should I prepare to support my case for shared parental responsibility and changes to the children’s schooling?
To support your case, gather evidence such as documentation demonstrating your involvement in the children's lives, correspondence about joint decision-making attempts or disagreements concerning education, evidence about the children's current educational environment, documentation from previous mediation processes, relevant cultural or religious documents, and a detailed proposal for a parenting plan.
Are there any alternative dispute resolution options available that could help us reach an agreement without going to court?
Alternative dispute resolution options for parenting disputes include family dispute resolution and mediation. These approaches are designed to assist parents in negotiating parenting arrangements amicably and without needing to go to court. Engage a registered Family Dispute Resolution Practitioner to facilitate discussions, aiming for a mutually acceptable resolution.
Since mediation was unsuccessful, what are my next steps?
Given that mediation did not resolve the issues, consider applying to the Family Court for parenting orders using a Form 60i, which indicates that mediation has been attempted. Prepare to demonstrate your involvement in the children's lives and justify why shared parental responsibility and increased visitation would serve their best interests.
What steps do I need to take now?
To advance your case, consider consulting a family lawyer who specializes in parenting disputes within your region. A lawyer can provide guidance on applying for a parenting order. You should also document all interactions and decisions made regarding the children as this information will be crucial. If financial considerations are a concern, check your eligibility for Legal Aid services.
