Parenting plan refers to a written plan that states with whom the children will primarily live, a definitive schedule for visiting with the other parent, who will make major decisions regarding the children’s lives, and other important issues.
You’ve tried talking to the other parent and every time, you end up arguing. They don’t listen, you always give in to what they want, you have to pick up the pieces, the kids don’t want to see them.
I understand these issues because I’m experienced working with separated parents. I have extensive experience working with difficult personalities, people experiencing drug and alcohol issues, and people with mental health issues. Yes, it’s challenging work, but I get my job satisfaction from helping parents come to agreements that benefit them and their children.
What can I put in a parenting plan?
Pretty much anything! So long as it is able to be done and lawful, your parenting agreement is YOURS – whatever you agree to can be put in the agreement. Here are some examples: The big ticket items: Where the children will live, when they see the other parent, how long they stay there for, who picks them up, who drops them back, what time do they get picked up.
Sharing healthcare information. If your child has special needs for things like asthma, orthodontics, bedwetting, anxiety, or anything else, generally speaking, both parents have equal responsibility for the child’s care. That means information must be shared. Your parenting agreement can describe how that info will be shared or when or whatever suits your family.
How long will the agreement last?
As long as it needs to. Often, the younger the child, the shorter the agreement will last for, what I mean is, as the child’s needs change, so will the parenting plan. A parenting agreement may need to change when the child starts day care or school, for example. It could be in stages to re-introduce the child to a parent or step-siblings or new partner.
What are some of the conditions?
If you think the other parent is not safe, be specific. I had parents who agreed that the child could stay at the other parent’s home once there was a fire guard and hand rails on the balcony. You might want to see proof, like a photo of the bed that the child will sleep in.
Drug and alcohol testing. I can advise you about the practicality of this and facilitate agreement about paying, results, what happens if the screen is positive and so on. I have expertise on drug and alcohol issues.
My solicitor said they can get a better result than a mediator- more time with my kids?
Yes, maybe they can. But how much will that cost you in dollars, time and stress? Mediation will cost you a small fraction of the cost of the legal process, it can take as little as a week, and, although it is not an easy thing to do, it’s nowhere near as stressful as going through the legal process. Your lawyer will fight to get you the best deal, that’s for sure, because that’s what you pay them to do.
You can mediate even if you have a lawyer and a court date. Let your lawyer know you are looking into mediation. I will ask you if you have a lawyer. Separated parents are obliged to attempt mediation before they can apply to have a case heard in court for parenting issues.
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When you choose Argyll you’ll be working with an experienced, trustworthy and affordable family mediator to help you establish a parenting agreement that’s not just focused on the best interests of your children, but also tailored to meet your family’s specific needs. With a minimal waiting list, we can meet with you and handle your case quickly.
- Flat fee of $580.00 per person- only additional expense is room hire if required
- Pre-mediation and preparation via email and phone
- 3 hours of mediation and agreements prepared in plain English or legal language as required
- Inclusive practice. LGBTIQ clients welcome
For more information or to book your initial consultation, contact us today
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Parenting Orders Breach
The court has issued orders to you about the children but the other parent isn’t complying. What do you do? Consider what a contravention might achieve. If you apply to the court for a contravention order, the court’s aim is to resume what was ordered, not to punish the other parent or get you more time with the children.
Document the breach. Which clause of the orders has the other parent breached? Write down dates, times, what you did to try and prevent or remedy the breach and what the other parent did in response to you asking them to remedy the breach.
Write a letter to the other parent about the breach. Remind them you have orders and what the orders say about this particular breach eg, “We have orders made on June 2019 and clause 4 says you will drop off the children on Sundays at McDonald’s in our suburb at 11am. I went to McDonald’s at 11am and waited until 11.30am but the children were not there. I am due to have the children with me next Sunday, too. If you do not make the children available to spend time with me, I am putting you on notice that I will start contravention proceedings against you. I will rely on this letter in support of my case.” Sign and date the letter then send it to the usual address you use to contact the other parent.
Attempt mediation unless there’s an exception in your case. call Tess on 0448 837372 to discuss your situation. You may wish to complete the “Application – Contravention” form on the Family Court website. More information Compliance with parenting orders | Federal Circuit and Family Court of Australia (fcfcoa.gov.au)
You will need to write an affidavit to accompany your application. Argyll can assist you to write an affidavit unless you have been a mediation client.
