Parenting After Separation
As an Australian father, it's important to understand your rights and responsibilities when it comes to parenting after separation. You and your ex-partner share the responsibility of making decisions about your child's upbringing, including where they live, which school they attend, and their medical care.
If you can't agree on the parenting arrangements, you'll need to attend mediation before going to court. In some cases, you may be able to go straight to court, but this should be a last resort as it can be expensive and time-consuming.
Making an Agreement
If you and your ex-partner can agree on the parenting arrangements, you don't need to go to mediation or apply for court orders. You can make an informal agreement or a parenting plan. If you want a legally binding agreement, you can apply for consent orders.
Pre-Action Procedures
If you and your ex-partner can't agree on the parenting arrangements, you must take genuine steps to resolve the dispute before applying for parenting orders. This includes:
- Attempting family dispute resolution (mediation)
- Writing to your ex-partner to identify the issues, make a genuine attempt at resolving the dispute, and state the orders you'll seek if you apply for parenting orders
- Disclosing all relevant information, such as criminal records, medical reports, and school reports
In limited circumstances, you may be exempt from following the pre-action procedures.
Going to Court
If you and your ex-partner can't reach an agreement, and you've followed the pre-action procedures, you can apply to the Federal Circuit and Family Court of Australia or the Local Court of NSW for parenting orders. This should be a last resort, as it is the most expensive and time-consuming way to make parenting arrangements.
Grandparents and Extended Family
Under Australian law, a child has the right to regularly spend time and communicate with significant people in their life, such as grandparents and other extended family members. Grandparents and other concerned parties can apply for parenting orders, including an order to spend time with the child. However, they must follow the pre-action procedures unless they are exempt.
Parenting Orders
You must follow your parenting orders while they are in force, unless you have a reasonable excuse. If you don't follow your orders without a reasonable excuse, the other parent may apply to enforce them, and you could be penalized by the court.
Changing Your Parenting Arrangements
The easiest way to change your parenting agreement is to negotiate a new agreement with your ex-partner, if it is safe to do so. If you have an informal agreement or parenting plan, you can change it at any time by making a new agreement. If you have parenting orders, you can also change them by making a new agreement or applying for consent orders.
Enforcing Your Parenting Arrangements
The steps you can take to enforce your parenting arrangements will depend on the type of agreement you have. If you have an informal agreement or parenting plan, you'll need to arrange mediation to discuss any issues causing the other parent to breach the agreement. If you have parenting orders, you may also need to attend mediation, unless you are exempt. If mediation is unsuccessful, or you are exempt, you may be able to apply to the court to enforce your parenting orders.
Support Services
Family Counselling
There are various counselling services available to help families deal with the stress of separation, ongoing relationship issues, and conflict. Family counselling is confidential and available to individuals, separated couples, parents and their children, and extended family members.
Parenting Programs
Post-separation parenting programs can help you support your child through the separation and manage your relationship with your former partner. These programs aim to resolve parenting disputes peacefully and minimize conflict. The court may order you to attend a post-separation parenting program if you're involved in parenting proceedings.
Legal Aid NSW Services
If you have a legal problem in NSW, Legal Aid NSW can provide support, including:
- Early Intervention Unit: Helps sort out family law issues early on
- Family Dispute Resolution Service: Helps resolve family law disputes without going to court
Legal Aid NSW also has various resources available, such as information on child support, Apprehended Violence Orders (AVOs), and how they might affect your parenting arrangements.
Other Services and Resources
There are additional services and resources available to help Australian fathers navigate the legal process of parenting after separation, including:
- Attorney-General's Department: Parenting orders – what you need to know
- Federal Circuit and Family Court of Australia: Children, overview, and how the court process works for parenting cases
- Women's Legal Service NSW: Willow: kids
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