Consent Orders: $990
Child Support Agreement: $1,650
Parenting Negotiations: $1,980
Parenting Litigation: $3,300
How do parenting arrangements work?
After separation, many parents are able to reach an agreement about arrangements for the care of their children.
For some parents, it is enough to have a non-legally binding agreements, such as a Parenting Plan. For others, the agreement can be made legally-binding by way of Consent Orders.
If parents do not agree on the parenting arrangements, they may need to attend a mediation called Family Dispute Resolution, where a Parenting Plan can be prepared with the help of the mediator. Otherwise, you can engage a lawyer to negotiate for you. Urgency or Family Violence may make mediation unsuitable.
If parents cannot resolve their dispute by mediation or negotiation, then you may need to make an Application to the Court.
Can I go directly to Court?
Generally no, you cannot. The Court requires you to make genuine efforts to resolve your case, except in the case of urgency or where family violence may make negotiations unsuitable.
The Court requires parents to attend at Family Dispute Resolution in an effort to agree with the help of a mediator. If this is unsuccessful, or unsuitable, or one parent refuses to participate, then you will receive a 60I Certificate.
The Court requires the 60I Certificate before you start court proceedings for parenting.
How does the Court decide parenting cases?
Children have rights; parents have responsibilities.
The paramount consideration for the Court is to make orders about a child that are in the best interest of the child. The two major considerations are:
(1) Make sure the child is protected from physical or psychological harm or exposure to family violence.
(2) Make sure the child has the benefit of a relationship with both parents.The Court also considers a range of other considerations including:
• The relationship of the child with each parent.
• How the parents have taken the opportunity to spend time with or communicate with the child.
• Each parents’ fulfillment of their obligations to the child
• How a change in circumstance will affect the child.
• The capacity of each parent to provide for the child.
• Depending on child's maturity, the views expressed by the child.
• The right of the child to practise in religious and cultural beliefs.
What about Child Support?
Your first option is to opt-in to use the Child Support Assessment formula. This is known as an Administrative Assessment of Child Support. You or your former partner can apply for an assessment.
The formula considers how many nights the child spends with each parent, and also the income of each parent.If you wish to make your own agreement, then you should consider a Binding Child Support Agreement.
What is a Binding Child Support Agreement?
A Binding Child Support Agreement is a contract between you and your former partner about the financial support of your child.
It may include the payment of a periodic sum of money, for example a monthly payment, in addition to lump sum payments. it can include the the payment of school fees, medical and dental expenses, and any other expense relating to your child.
You and your ex-partner must get legal advice separately from an Australian lawyer. One of the lawyers will draft the Agreement. Then, once the terms are agreed, each lawyer provides their client with a Certificate of Independent Legal Advice before signing the Agreement.
