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Children and the legal system
While it’s not possible for all separating families to resolve their issues outside
of court, many separating families are able to do this. Resolving issues outside of the
court can save time, money and a lot of stress for you and your children. The family law
system encourages parents to develop a
parenting plan for their children without going to court. You can make a parenting
plan together or with the assistance of a mediator or family relationship service provider
at a
Family Relationship Centre.
You can formalise your parenting plan by filling in Consent Orders and registering the
orders through the Family
Court or the Federal Magistrates
Court. Consent Orders are legally binding agreements about the care of children (they
are also known as parenting
orders).
In most cases, if you are unable to reach an agreement for the children and you are going
to court, you will need a certificate from a registered family dispute resolution provider
stating you have attended dispute resolution before you can apply to the court for a
parenting order. There are some exceptions particularly relating to family violence.
The Family Law Web Guide provides a clear explanation of the difference between
parenting plans and Consent Orders. You don’t need to attend court to register
Consent Orders for your children.
