Separation for parents can be the end of conflicts and arguments, but it is the beginning of children’s problems to adapt to the new situation unless parents reach an agreement on parenting arrangements by considering the best interest of their children. If parents unable to reach an agreement for the welfare of their children, a legal proceeding can be initiated under the Family Law Act 1975 (Cth).
In Australia, parenting proceedings refer to legal proceedings or court cases that deal with matters related to the care, welfare, and custody of children when parents separate or divorce. These proceedings are typically initiated when parents are unable to reach an agreement on parenting arrangements for their children and require the intervention of the court to make decisions in the best interests of the child.
Parenting proceedings in Australia are governed by the Family Law Act 1975. The Act encourages parents to resolve their disputes amicably through family dispute resolution (mediation) before resorting to litigation. However, if mediation fails or is deemed unsuitable, parents can file an application with the Family Court of Australia or the Federal Circuit Court of Australia, depending on the complexity of the case.
The court’s primary consideration in parenting proceedings is the best interests of the child. The court takes into account various factors when making decisions, including the child’s relationships with each parent, the child’s views (if they are of sufficient age and maturity), the ability of each parent to provide for the child’s needs, and any history of family violence or child abuse.
During parenting proceedings, the court may order independent assessments, such as family reports or expert evaluations, to assist in making informed decisions. The court may also issue interim orders, which are temporary orders that remain in effect until a final decision is made.
At Enlight Legal & Migration we provide advice in all aspects of family law, including divorce, property settlements, parenting proceeding, and parenting agreement. Enlight Legal & Migration employs a range of alternative dispute resolution methods in a bid to avoid Court proceedings, where this is possible.