"SORTING OUT KIDS AT EASTER"
6 Mar 2012
Separated Families Can Still Enjoy Easter Once Arrangements Are Made.
Lisa O’Neill is Special Counsel in the family law group, at Murdoch Lawyers. This
week Lisa looks at Easter and holiday arrangements.
Easter is fast approaching and unfortunately it can bring some headaches for separated
families who need to reach agreement about the arrangements for Easter and the school
holidays.
Sorting out the Arrangements.
Separated parents can reach agreement between themselves about the arrangements
that will be best for their children. However, not all parents are able to come
to an amicable solution and for many the issue can become clouded by other matters.
Seeking the assistance of a Family Dispute Resolution Practitioner or counsellor,
who can assist with the discussions, is a great place to start.
These independent professionals can give direction and help keep the discussions
focused on the children’s best interests. Organisations such as Relationships Australia
or the Family Relationships Centre can assist as can private counsellors.
If agreement can be reached, you can choose to document the arrangements in a parenting
plan.
What Is A Parenting Plan?
A parenting plan is a written agreement, which is signed and dated by the parents
setting out the arrangements for the care of the children. It records the details
of the agreement that you and the other party have reached and can be as flexible
or as detailed as you like. The plan can specify what arrangements are to apply
over the school holidays and for Easter so that the children have the benefit of
sharing this special day with both parents. A parenting plan cannot be enforced
by a Court like a Court Order can. However, if a parent later applies to the Court
for Orders about the parenting arrangements, the Court may have regard to what was
agreed to by the parents when they entered into the parenting plan.
Working towards a solution that is best for your children should be at the forefront
of your decisions.
What The Law Is On Special Days?
The Family Law Act states that when considering what is in a child’s best interests,
one of the main considerations is the benefit to the child of having a meaningful
relationship with both parents, as long as that is appropriate in the circumstances.
The Act does not make specific mention of special days such as Easter. The law is
concerned with the children having meaningful time or quality time with each parent
where that is appropriate for the child. Each family is different and the arrangements
that suit your family may not be suitable for another. If you go to the Court seeking
Orders for the holiday period, the Court will make a decision that is in the best
interests of your children. Generally special days such as Easter are shared, regardless
of the parents being separated.
What If I Need The Court To Make Orders?
Before you can ask the Court for parenting Orders, you will need to provide the
Court with a certificate from a Family Dispute Resolution practitioner stating that
you have made a genuine effort to sort out the parenting issues before you have
filed the proceedings.
In some circumstances, such as family violence or abuse, you may be excused from
attending mediation. You should talk to your solicitor about this first.
The Court procedure can take time, so if you are likely to need assistance to resolve
the arrangements, you should contact your solicitor for advice and to discuss your
options.
lisa@murdochs.com.au
telephone 4616 9898