Protecting children from conflict is one of the greatest gifts you can give your children at separation.
There is no “one-size fits all” approach to arrangements for your children after separation, as each family is unique.
Where possible, decisions should be made together such as:
- Will your children live predominantly in one home during the school/work week?
- How will weekends be shared?
- What extracurricular activities will the children attend, such as sport or music and who will take them?
- Who will look after your children during school holidays?
- Will special occasions such as birthdays, Christmas, or religious holidays be shared or alternated each year?
- What will happen if your children are sick?
- Will there be flexibility for things like family celebrations, changes in work rosters?
- What happens if you can’t agree on things?
- Can the children travel overseas?
- What happens as the children get older, do the arrangements need to be adjusted?
Agreements concerning arrangements for your children can be recorded in any of the following ways:
Parenting Plan: A Parenting Plan is a document signed by both parents setting out the arrangements for your children. If problems arise, a Parenting Plan is not enforceable, but it can demonstrate what arrangements have been in place and agreed to by the parties. This can be very helpful if you need to make an urgent application to the Court in the event of your ex partner failing to adhere to the previous arrangements.
Informal Agreement: This type of agreement is usually a verbal agreement and works well for parents who communicate well and are able to reach agreements without conflict. There are risks taken by not formalising arrangements legally. For example, if your ex partner unilaterally decides to move away to another town or decides the children are now going to reside permanently with him/her.
Court Order: Court Orders can be made by consent, without ever attending Court or they can be made during or at the end of Court proceedings. An Order in is enforceable by the Court if not followed by a party.
Children’s voices
Children’s views can be taken into consideration, depending on the developmental age of the child. For example, the views of a 6 year old child are very different to that of a 15 year old.
The Federal Circuit and Family Court of Australia have published a helpful video about how children’s views are heard in court proceedings – watch it here https://www.fcfcoa.gov.au/resources/videos/child-voice
In negotiations out of court, a child-inclusive mediation enables children’s views to be heard and provided to the parties via the child-expert at a mediation.
If you’re going through a separation or divorce and would like to know more about how we can make it right for you, contact us today.