If you have separated from your partner and you share children together, life will (of course) be different. This is especially so if you are no longer residing in the same property. Where you have moved out, or your spouse has, it is important to establish arrangements for care of the children as early as possible.
In discussing the children’s care arrangements, you can decide whether you will implement an ‘interim’ arrangement (say for a few weeks, months or even a year), or you may already have a good idea about what your ‘final’ arrangements might look like (i.e. until the children turn 18).
Generally, you and your former spouse should agree as to any care arrangements together rather than one parent unilaterally imposing the arrangements on the other parent.
To formalise any agreement reached:
parents can enter into a ‘parenting plan’ which can be as simple as writing down your arrangements on a piece of paper, then signing and dating the document; or
you might also decide to formalise the arrangements in consent orders that the Court approves and ‘stamps’, however this is generally only done when you have agreement about final arrangements.
If you do not reach agreement, you may wish to engage a mediator, who is an independent third party who can assist you in finding an outcome that is mutually suitable (even if you do not consider it to be your best-case scenario).
Important things to think about when you are considering entering into a parenting plan include:
What will the arrangements look like during the school term;
Will the arrangements change during the school holidays, and what will you do over the longer Christmas/summer school holiday period;
Will there be set times for the children to communicate with the other parent;
How will you share special occasions, such as religious holidays and birthdays;
Which special occasions are important to celebrate - either for you or the other parent;
Are there any ground rules you want to establish for travel, whether that be domestic travel or international travel;
How will you share important information, such as the details about children’s health or medical treatment;
How you and the other parent will communicate, i.e. by email, text, Whatsapp or via parenting communication app.
Before negotiating care arrangements, you should also consider where you will both be residing and your working arrangements, including whether either parent has access to flexible working arrangements.
Ultimately, in deciding which arrangements you put in place for the children, you should think about whether those arrangements will work for the children. This in turn will influence whether the arrangements are in the ‘best interests’ of the children. Whilst some parents consider that an ‘equal time’ or 50/50 arrangement is ‘fair’, this is not always appropriate particularly where the children are young and have an established primary carer. You should also consider the children’s typical routine and whether the children can maintain this routine with the proposed arrangements.
If you are thinking about discussing care arrangements for the children, or if you are concerned that the care arrangements are not working, you should seek advice from a specialist family lawyer. Contact Robinson + McGuinness to arrange an appointment on (02) 6225 7040, by email on info@rmfamilylaw.com.au or get started now online with one of our experienced lawyers.
Author: Anika Buckley