Parenting Plans
Parenting Plans & Children's Law
Without a doubt, one of the most challenging aspects of navigating the breakdown of a relationship is coming to an agreement on the future care, living and parenting arrangements for your children.
A tailored approach to family law
Our family lawyers in Townsville will provide a tailored approach, specific to your unique case and needs, to help you achieve the best and fairest outcome. We are experts in the area of negotiation and can help you reach an agreement with your ex-partner through a negotiated settlement. In more complex cases, we can also assist with mediation, helping families achieve issue resolution.
Where possible, it is always preferable to reach an agreement on custody and parenting issues outside of court. At Strategic Lawyers, we’ll work on your behalf to negotiate and formalise a resolution without the need for long and expensive court proceedings. If there is no alternative but to proceed to court, you can be sure that Strategic Lawyers Townsville will fight to ensure the fairest outcome is achieved and that your interests are well looked after and protected.
Formalising parental agreements
When it comes to finalising parenting and custody arrangements for your children, there is the choice of a voluntary (and informal) parenting plan or a legally binding (and formal) consent order. While both documents may contain similar information relating to the future care, welfare and development of your children, the main difference between the two is that a consent order is legally enforceable, and therefore cannot be easily changed. It is also subject to penalties if contravened.
There are pros and cons to both parenting plans and consent orders, so it’s important that you receive tailored, expert advice as to the best option for your family’s circumstances. As with all of our family law services, we’ll provide solid guidance and accurate advice on your parenting consent order and parenting plan options and will always act in the best interests of your children.
Call today to book an appointment – We always have your best interests at heart.
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Divorce Lawyers in Townsville – About Our Services
Our Townsville family lawyers work with you to achieve a fair and satisfactory outcome. Whether this is through a simple negotiated settlement or via mediation or court, you can count on us to deliver the right results. Family law services include divorce, custody and support cases in Townsville, among others.
Children’s law
We provide parenting plans and children’s law assistance for parents with children who are facing a separation or want separation and will always act in the child’s best interests.
Divorce
Whether you are facing an amicable or conflict-fuelled split, we’ll work closely with you to reach an agreeable solution for all parties concerned as quickly as possible.
Property settlements
We’ll give you accurate advice towards the entitlement of a property while ensuring that your rights are both respected and protected.
Spousal maintenance
Our experienced team can help you to navigate your rights when dealing with complex spousal maintenance issues.
Domestic violence
Our domestic violence lawyers treat all cases of DV with the compassion and care they deserve and will work with you to deliver a favourable outcome that fully protects you and your family.
Family disputes
We’re experts in dispute resolution and understand the emotional challenges and sensitive nature that such cases can bring. Our highly skilled lawyers assist you to resolve problems fast.
Have questions? Speak directly with one of our experienced family lawyers for personalised advice and guidance.
Frequently Asked Questions
What is a parenting plan, and why is it important?
A parenting plan is a written agreement signed by both parents, outlining all aspects of a child’s care, development and welfare. Being a voluntary agreement, it is not legally binding (unlike a consent order) and therefore allows for more flexibility. A parenting plan can be essential in ensuring that separated parents are in agreement about their child’s care and best interests.
What is joint custody?
Joint custody, called shared parental responsibility in the Family Law system is an arrangement where separated parents share responsibility for their child’s care. It doesn’t necessarily mean that the child spends equal time with each parent, but it does require significant time spent with each parent to ensure that responsibility is shared.
What happens if a parent does not follow the custody agreement?
The court can impose penalties for breaching parenting orders, with the penalty depending on the seriousness of the breach. The court could order that the affected parent be compensated for time missed, impose a fine or even imprisonment. The court will often assess if the parenting order should be changed or varied to prevent future issues.
Can one parent deny the other parent access to a child?
Unless a court has denied access to a child, it is generally not allowed for one parent to deny the other parent access. If you are a parent who is concerned about the safety and wellbeing of your child and would like to limit the other parent’s access, it is important that you seek legal advice or attend family law mediation. For those who are being denied access without a formal court order, please follow the same advice as above.
What is the most common child custody arrangement?
The most common child custody arrangement is shared parental responsibility, often referred to as joint custody outside of court. Providing there are no child safety issues, such as abuse or violence, this arrangement is usually considered in the child’s best interest. However, parental responsibility can also be sole parental responsibility (also referred to as a sole custody arrangement outside of court), which still allows for time with the noncustodial parent if there are no child safety issues.
Kitchen Table Discussions
This where the parties sit down, for example around a kitchen table or over coffee, to discuss the issues themselves to try to come to agreement regarding property or children’s matters or both.
It is usually best to have a meeting with us first before attempting this, so you know what your rights are, what you’re trying to achieve, and how best to achieve it.
One of the most important things to realise about this “kitchen table” option is that if you do reach an agreement, often it is not a “binding” agreement. It is usually necessary to then take that kitchen table agreement to your lawyer to have it put into a binding agreement – binding on the parties, binding on the courts, on the police, and so on.
Call (07) 4795 1114 to set up a meeting with our Family Lawyers Townsville team to discuss this option.
Lawyer Assisted Mediation
This is where the parties, together with their lawyers, push hard to nut out a deal with the assistance of a highly experienced Independent Mediator.
This process can take place prior to initiating Court action, or whilst Court proceedings are in process.
The idea here is to get the parties together for a day, together with their Family Solicitors Townsville, and together with a very experienced accredited Independent Mediator. These often work because everyone is there with a view to negotiating and reaching a deal on the day.
This can often be a good option because it’s less expensive than going to Court, and often on the day a Binding Agreement can be reached in the form of minutes for Consent Orders.
Call (07) 4795 1114 to set up a meeting with our Family Lawyers Townsville team to discuss this option.
This process can take place prior to initiating Court action, or whilst Court proceedings are in process.
The idea here is to get the parties together for a day, together with their Family Solicitors Townsville, and together with a very experienced accredited Independent Mediator. These often work because everyone is there with a view to negotiating and reaching a deal on the day.
This can often be a good option because it’s less expensive than going to Court, and often on the day a Binding Agreement can be reached in the form of minutes for Consent Orders.
Call (07) 4795 1114 to set up a meeting with our Family Lawyers Townsville team to discuss this option.
Negotiating a Binding Agreement Out of Court
This is the most popular option. It’s where you engage us as your Family Lawyers Townsville team to negotiate a deal outside of court on your behalf for either children’s or property matters (or both). Whatever the issue – we’ve got it covered.
These negotiations usually occur via written correspondence dealing with the background, the issues in dispute, what the law says about the issues, while making proposals for settling the matter on certain terms that you are agreeable to. These written negotiations are often followed up with verbal negotiations.
We take a “strategic” approach to these negotiations. We believe in keeping your case out of court if possible. Professional negotiations with a strategic focus are often the best way to achieve that.
Consent Orders are often the best agreement for you. This is a binding agreement, negotiated by us on your behalf, without the need to battle it out in Court. Consent Orders are a lot cheaper than going to Court. And Consent Orders are binding on the parties, the police, the Courts, and so on. Please note that Consent Orders can cover either property or children’s matters (or both at the same time). This is the most popular “out of Court” option.
Please note that throughout these negotiations we are at all times acting in your best interests, achieving the outcome you want in the quickest possible timeframe. Our Family Solicitors Townsville team are highly skilled and trained negotiators. Sometimes the best decision you can make is to put it into the hands of the professionals.
Call (07) 4795 1114 to set up a meeting with our Family Lawyers Townsville team to discuss this option.
These negotiations usually occur via written correspondence dealing with the background, the issues in dispute, what the law says about the issues, while making proposals for settling the matter on certain terms that you are agreeable to. These written negotiations are often followed up with verbal negotiations.
We take a “strategic” approach to these negotiations. We believe in keeping your case out of court if possible. Professional negotiations with a strategic focus are often the best way to achieve that.
Consent Orders are often the best agreement for you. This is a binding agreement, negotiated by us on your behalf, without the need to battle it out in Court. Consent Orders are a lot cheaper than going to Court. And Consent Orders are binding on the parties, the police, the Courts, and so on. Please note that Consent Orders can cover either property or children’s matters (or both at the same time). This is the most popular “out of Court” option.
Please note that throughout these negotiations we are at all times acting in your best interests, achieving the outcome you want in the quickest possible timeframe. Our Family Solicitors Townsville team are highly skilled and trained negotiators. Sometimes the best decision you can make is to put it into the hands of the professionals.
Call (07) 4795 1114 to set up a meeting with our Family Lawyers Townsville team to discuss this option.
Going to Court for a Court Order
While Court should be avoided if possible, it is true that some family law cases simply need to go to Court. And that is what the Court is there for: to consider the evidence and to make a decision when the parties can’t resolve it themselves. Please note that you can go to Court for both property and children’s matters, or both at the same time.
If you need a “bulldog in your corner”, then we’re your Family Solicitors Townsville team of litigation experts. As your lawyer and your advocate, we will stand in your shoes and argue your case in your very best interests. If you need to go to the Family Court, then look no further.
Call (07) 4795 1114 to set up a meeting with our Family Lawyers Townsville team to discuss this option.
If you need a “bulldog in your corner”, then we’re your Family Solicitors Townsville team of litigation experts. As your lawyer and your advocate, we will stand in your shoes and argue your case in your very best interests. If you need to go to the Family Court, then look no further.
Call (07) 4795 1114 to set up a meeting with our Family Lawyers Townsville team to discuss this option.
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Contact Strategic Lawyers for all of your family law needs
If you require assistance related to child custody or parental agreements, contact the expert team of family lawyers at Strategic Lawyers Townsville today.