Family Law Disputes about Children or Parental Responsibility

childrenIt is best to try and discuss and reach agreement with the other parent at the earliest opportunity in respect of arrangements for your children – preferably before you physically separate.

A court will require a certificate from an accredited family dispute resolution practitioner before an application for parenting orders can be filed with the court.

Both parties involved in disputes about arrangements for children are required to participate in “pre-action procedures” including participation in alternative dispute resolution.

Pre-action procedures are mandatory except in circumstances where there is family violence, child abuse or urgency.

If you reach an agreement at mediation, you can enter into a parenting plans s.63C or alternatively, apply for consent orders

Separation is a very painful time for families and every effort should be made by parents to minimise the impact and distress upon children of a relationship that has, or is breaking down.children

There are many common disputes that arise concerning parenting and children following separation. The main ones are:

  • Living arrangements and the amount of time each parent spends with the child/ren
  • Parental responsibility
  • Cost of supporting children
  • Moving away from the area you lived in at the time of separation
  • Change of name
  • Children’s views
  • Enforcing orders

If you would like to discuss your concerns with us directly please email our family law Partner, Vanessa Steinfelder at or call us at JV Legal on (02) 88609477.