Discover the best steps to take regarding Child custody matters by reading our latest blog post. At Collective Family Law Group, our expert divorce lawyers on the Gold Coast are here to provide you with valuable insights and guidance. We understand the importance of finding a resolution that prioritises the well-being of your children while minimising costs and time delays associated with court proceedings.
The answer to this question slightly differs depending on whether you have Court Orders regarding care arrangements for your children or not. However, in any instance, the first step towards resolving your issue should be through mediation to avoid the costs and time delays often incurred through Court proceedings.
It is in your children’s and your best interests to keep your family law matter out of Court if possible. The best way to resolve interparental conflict is to attempt to communicate with the other parent about the issues you are experiencing and reach a mutual agreement on co-parenting to move forward.
What Next?
The only way to have an enforceable parenting agreement is to finalise one by way of Consent Orders. A parenting plan is not legally enforceable, although may be taken into account by the Court when considering Consent Orders. If you and your ex have no parenting arrangements currently in place or only have a parenting plan, the only way to stop the other parent from withholding your children is to apply to the Court for Consent Orders.
Orders made by consent through the Court are binding on both parents, and there is recourse to the Court if one parent is not fulfilling their obligations under the Orders. If the Orders specify the time for you to spend with your children, and the other parent is stopping this from occurring, you can file an ‘Application in a Case – Contravention’ with the Court. This means you are advising the Court that the other parent has not complied with the existing Orders, and to enforce them to do so.
If the Court finds the other parent had no reasonable excuse to not comply with the existing Orders, the Court may penalise them depending on the length and severity of the contravention.
The easiest way to organise a mediation, apply to the Court for Consent Orders, or file for a Contravention Application, is with the assistance of a family lawyer. Obtaining legal advice before entering into parenting arrangements is integral to ensure what you agree to is suitable and safe for the children and yourself.
Having a child custody lawyer to prepare your material also provides you with the best chance at succeeding in what you’re seeking from the Court. Being excluded from seeing your children can be a very tough and emotional time, so leaving the legal work to your family law firm Gold Coast can significantly alleviate your stress and help you to move forward with clarity and certainty.
Don’t face child custody issues alone. Read our blog post to gain valuable insights. To discuss your specific situation and receive personalised guidance, contact our team of family law solicitors on the Gold Coast. We offer a family law consultation FREE 45-minute initial appointment, during which we can assess your case and provide you with the support you need.
Read the blog post now and take the first step towards securing a better future for your children and yourself.
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