Arbon Legal Group
Family law

Parenting Plans

Contact us at Arbon Legal Group to discuss your particular situation with one of our experienced Family Lawyers.
Need help with

Parenting Arrangements?

If you want to reach an agreement about the care for the children following separation, we can help.

Thinking about...

Parenting after Separation?

Making the right arrangements for care of children after a separation can be difficult.

It isn’t that unusual for one parent to try to restrict the children’s time with their ex-partner. Sometimes for good reasons, other times not.

It is vital to keep the children’s best interests as the most important factor in trying to work out their care arrangements. You may not like your ex any more, but they will always be the other parent.

Children are the most important people in family law matters. When parents of a child (or adopted child) under 18 separate the children will generally have a right to spend substantial and significant time with both parents.

Some general points to note:

  • Newborn babies and young infants up to 4-5 years old are sometimes considered too young to be shared between two homes and they usually live with one parent and spend short but regular periods with the other parent including overnight time where suitable.
  • Once a child turns 5 years old it is fairly typical that they spend more time with the parent they don’t live with. Especially around school and extra-curricular activities.
  • Equal shared time may be appropriate once the children are of school age and this is usually on a week about or fortnightly schedule where parents can pick up/drop off children at school, day care, sport, public place etc.
  • Equal shared time may be available to parents when:
    • they can agree to this arrangement; or
    • a Court finds that equal time is in the best interests of the child and is the most suitable arrangement.
  • Once children reach their teenage years and approach adulthood, it is difficult to force them to spend time with one parent if they do not want to and there is no order in place.
  • Even where there are court orders in place these become difficult to enforce where a child is very resistant, and the arrangements may need to be revisited.

We can help you achieve a suitable time-on time-off arrangement, including important dates such as school holidays, birthdays, Mother’s and Father’s Days.

Alternatively, if you hold genuine concerns regarding the care of your children, we can provide professional advice as to restricting or monitoring your children’s time with the other parent.

The best interests of children are as variable as the children themselves. It is important that the arrangements made are tailored to the children and the parents’ circumstances There is a myriad of creative shared care arrangements to suit any family and their circumstances.

At Arbon Legal Group our team are highly experienced in court and non-court parenting arrangements in Family Law. We can guide you through the process and help you to achieve the best outcome for your children.

Contact us today on 07 5562 0444 or send an email to info@arbonlegal.com.au or you can get started online by clicking here.

Answers

Frequently asked questions

A divorce is a Court Order that severs your marriage.

You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.

  1. You and your spouse must have lived separately and apart for at least 12 months (Note: it is possible to live together in the same home and still be separated).
  2. There must be no reasonable likelihood of resuming married life.

It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

Once a divorce has been obtained, you have 12 months to finalise a property settlement.

There is a filing fee for divorce applications which can be accessed here.

A reduced fee may be available for you as a concession card holder or couples who are experiencing financial hardship.

Read more here.

Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.

You can only dispute the divorce where:

  1. it has been less than 12 months since separation; or
  2. it is filed in the wrong state or Courthouse.

You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.

✘ NO – If there are no children under the age of 18.

✘ NO – if there are children under the age of 18 and you have made a joint application.

 YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

A divorce order takes effect one month and one day after the divorce is granted.

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.

You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.

Arbon Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Arbon Legal Group on 07 5562 0444 or email admin@arbonlegal.com.au.

Latest Insights

Related Articles

Testimonials

What clients say