... any discussion of «parental rights» is misguided when
resolving arrangements for children.
The CBA family section believes that any discussion of «parental rights» is misguided when
resolving arrangements for children and that the sole focus must be what is best for children.
Separating parents can
resolve arrangements for the children including, where the children will live, how often the children will see the other parent, child maintenance, schooling and education.
Not exact matches
While most parents are able to make
arrangements between themselves
for their
children when they separate, some parents turn to the courts to
resolve disputes.
The mediator / s help couples
resolve the legal and financial issues as well as reach agreement regarding
arrangements for the
children.
(8) There is some evidence that when parents participate in shaping the post-separation parenting
arrangements for their
children, they are more satisfied with the outcomes achieved and are better equipped to
resolve future parenting disputes without resorting to litigation.
Where relationships between parents break down,
arrangements for the care of the
child and
for time with his / her parents have to be
resolved.
For instance, a person may need assistance to
resolve a family conflict, help negotiate a workable
child - focused parenting
arrangement, or conclude other
arrangements arising from separation or divorce.
The agreement must deal with living
arrangements, education, health care, travel
arrangements, contact with the
child, and a procedure
for resolving disputes.
People involved in disputes about the future
arrangements for their
children after relationship breakdown are required to make a genuine effort to
resolve the matter by family dispute resolution.
Mediators are trained to help
resolve disputes over all issues faced by separating couples, or specific issues such as
arrangements for any
children.
Families with disputes about the future
arrangements for their
children must make a genuine effort to
resolve the matter by Family Dispute Resolution before applying to a family law court, except in some circumstances.
This plan, filed separately or together with your spouse, must outline such things as which parent will provide a home and make decisions
for the
child, a visitation schedule, how information will be shared, transportation
arrangements, and how disputes will be
resolved.
Collaborative Law is worth considering if some or all of the following are true
for you: (a) you want a civilized, rational resolution of the issues, (b) you would like to keep open the possibility of a viable working relationship with your partner down the road, (c) you and your partner will be raising
children together and you want the best working relationship possible, (d) you want to protect your
children from the harm associated with litigation between parents, (e) you have ethical or spiritual beliefs that place high value on taking personal responsibility
for handling conflicts with integrity, (f) you value control and autonomous decision making and do not want to hand over decisions about restructuring your financial and parenting
arrangements to a stranger (a judge), (g) you recognize the restricted and often unpredictable range of outcomes and «rough justice» generally available in the public court system and want a more creative and individualized range of choices available to you and your spouse or partner
for resolving the issues.
A proposed joint physical care parenting plan 20 shall address how the parents will make decisions affecting the
child, how the parents will 21 provide a home
for the
child, how the
child's time will be divided between the parents and 22 how each parent will facilitate the
child's time with the other parent,
arrangements in 23 addition to court ordered
child support
for the
child's expenses, how the parents will
resolve 24 major changes or disagreements affecting the
child including changes that arise due to the 25
child's age and developmental needs, and any other issues the court may require.
As part of their parenting plan, parents will lay out details such as a custody schedule and method
for the
child to travel between homes, a legal custody
arrangement, and a plan
for how future disagreements will be
resolved.
They provide dispute resolution (such as mediation or conciliation) to help parents
resolve conflict and develop workable
arrangements (including parenting plans)
for their
children.
People who want to apply to court
for a
Child Arrangements Order first have to meet with a mediator to discuss whether mediation may be a suitable way of
resolving their case.
Anyone making a court application
for a
child arrangements order is legally required to consider mediation before applying to the family court to
resolve a dispute unless exempt from that requirement.