Family Lawyers and Mediators Australia

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Family Lawyers and Mediators Australia
All the Information You Require About Parenting
Plans

• Family Lawyers in Sydney

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About Us
At Family Lawyers and Mediators, our focus is on
assisting families during difficult legal
circumstances with understanding and proficiency.
Backed by extensive experience, our team is
devoted to delivering empathetic legal
assistance, be it for divorce, child custody, or
property settlements. Our aim is to seek amicable
resolutions through mediation whenever feasible,
reducing the emotional impact on all individuals
affected. The welfare of your family is paramount
to us, and we are dedicated to guiding you
through these intricate issues with sensitivity
and professionalism.
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Family Law
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Family Law
We provide an array of family law services,
covering areas such as divorce, child custody,
and property settlements. Our individualised and
empathetic methodology is centered on attaining
just and impartial resolutions, especially in
cases involving children. Leveraging our
comprehensive legal knowledge, we are committed
to championing your rights and assisting you
during difficult circumstances, safeguarding the
well-being of your family's future. Rely on us
for skilled, compassionate, and devoted legal
support.
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What Is A Parenting Plan?
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What Is A Parenting Plan?
Under section 63C of the Family Law Act 1975
(Cth), a parenting plan refers to a written
agreement outlining the parenting arrangements
for a child or children. This agreement is
voluntarily entered into by the child's parents
and requires their signatures and dates. It is
essential for the plan to detail parenting
provisions that prioritise the child's best
interests. The Family Law Act 1975 (Cth) actively
promotes parental consensus on children's matters
before resorting to legal proceedings. This may
involve the creation of a parenting agreement or
the pursuit of a consent order to address
parenting issues. A parenting arrangement can
take the form of either a parenting plan or a
parenting order.
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What Can Be Included in A Parenting Plan?
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What Can Be Included in A Parenting Plan?

• A parenting plan typically covers various
  aspects, including
• Assigning parental responsibilities for a child,
  such as shared or sole responsibility
• Determining the primary residence of the child
• Specifying the visitation schedule for each
  parent
• Outlining visitation arrangements with other
  individuals, such as grandparents
• Defining methods of communication between the
  child and each parent or other individuals,
  including phone calls, video calls, emails, or
  letters
• Establishing plans for special occasions like
  birthdays, school holidays, and festivals
• Addressing considerations for overseas travel
  involving the child
• Managing financial support for the child
• Establishing procedures for amending the plan or
  resolving disagreements related to the plan
• Addressing any additional issues related to the
  care, well-being, or development of the child
• Considering other aspects of parental
  responsibility for the child

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What Types of Details Should I Take Into Account?
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What Types of Details Should I Take Into Account?

• According to section 63DA of the Family Law Act
  1975 (Cth), considerations for creating a
  parenting plan involve consultation with an
  adviser, such as a legal practitioner, family
  counsellor, family dispute resolution
  practitioner, or a family consultant.
• Determine whether it is reasonably practicable
  and in the child's best interest for them to
  spend equal time with each parent.
• Assess if spending time with each parent is not
  reasonably practicable or in the child's best
  interest, but substantial and significant time
  with each parent is feasible and in the child's
  best interest.
• Check for existing parenting orders, and if
  applicable, ensure that the parenting plan aligns
  with these orders.
• Determine whether parental responsibility is
  shared, and if so, include provisions in the plan
  for consultations on decisions, dispute
  resolution processes, and adapting the plan to
  changing needs or circumstances.
• Consider the availability of programs that assist
  individuals facing challenges in complying with a
  parenting plan.

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What is the legal effect of a parenting plan?
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What is the legal effect of a parenting plan?
A parenting plan lacks legal enforceability,
meaning the court cannot compel parties to adhere
to its terms if one party acts contrary to the
agreement. For instance, if a party fails to
return the child per the plan, seeking court
intervention may not guarantee the child's
return. However, as per section 65DAB of the
Family Law Act 1975, the court must consider the
terms of the most recent parenting plan when
issuing a parenting order related to the child,
provided it aligns with the child's best
interests. Parties are not obligated to go to
court to establish a parenting plan, but it is
advisable to seek legal counsel before entering
into any such agreement.
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Why Is A Parenting Plan Important?
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Why is a parenting plan important?

• A parenting plan holds significance for several
  reasons
• Establishing Routine and Stability
• Post-separation, a parenting plan provides the
  child with a structured routine, promoting
  stability. Ensuring a sense of normalcy is
  crucial for addressing the child's psychological
  and physical well-being.
• Demonstrating Commitment to the Child's Best
  Interest
• The existence of a parenting plan serves as
  evidence to the court regarding the parents'
  dedication to prioritising the child's best
  interests. This commitment can potentially
  influence legal proceedings.
• Preventing Misunderstandings and Conflict
• By clearly outlining each party's expectations
  and responsibilities, a parenting plan helps in
  averting misunderstandings and conflicts,
  fostering a smoother co-parenting relationship.

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What If You Find Difficulties in Complying With A
Parenting Plan?
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What If You Find Difficulties in Complying With A
Parenting Plan?
If you and your ex-partner are unable to address
the concerns regarding the parenting plan, one
potential resolution is to explore various
services for assistance, such as engaging in
dispute resolution and counseling services
available at Family Relationships Centres. The
Family Relationship Advice Line is also
accessible to offer guidance, provide pertinent
information, and direct you to local services.
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Contact Us
For more information visit
https//www.familylawyersandmediators.com.au/ Or
Contact 1300382388 Follow us on Facebook and
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