What is parental responsibility?
The Family Law Act states that we must apply a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental...
Read MoreHow are your child’s best interests protected by a parenting order?
In deciding what is in the best interest of a child, the Family Law Act requires two tiers of considerations – primary considerations and additional considerations: Tier 1: The primary...
Read MoreHow can you modify a parenting plan?
Once a parenting plan has been finalised with consent orders, it can only be modified in limited circumstances. Ultimately, the possibility and process of modifying your parenting agreement depend on...
Read MoreHow can you make a parenting plan legally binding?
You can make a parenting plan legally binding by applying for consent orders. Despite being established through mutual agreement and sometimes without a formal hearing, consent orders are still issued...
Read MoreIs a parenting plan legally binding?
No. A parenting plan is not legally binding. This document functions as a recorded parenting agreement but does not hold any legal power. If one parent fails to adhere to...
Read MoreWhat should be included in a parenting plan?
Apart from being dated and signed by both parents, parenting plans have no stringent criteria. Under Section 63C(2) of the Family Law Act, this agreement may include details surrounding the:
Read MoreWhat are the issues with having an informal parenting arrangement?
An informal parenting arrangement occurs when both parties come to a casual agreement about the care of their children. This typically occurs when there has been an amicable separation and...
Read MoreCan I withdraw an online divorce application?
Yes. You can withdraw an online divorce application if you have had a change of heart since filing and the hearing has not been held yet. In this case, you...
Read MoreWhat if I need to do a property settlement?
Your divorce and property settlement are two separate processes. You don’t need to do them both at the same time. Getting divorced, although emotionally draining, is a legal process that...
Read MoreWhat happens if we don’t have Australian mailing addresses?
The Court requires that both you and your spouse have an Australian mailing address on your application for divorce. Solution 1: If you don’t have an Australian mailing address, you...
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