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Family Law and Children Matters Lawyers in Granville, Parramatta and Western Sydney
When parents separate or divorce, the wellbeing of their children is often the most important concern. At Fred Kalouche & Associates, we are committed to helping families navigate parenting arrangements with compassion and clarity. Whether through amicable Parenting Plans or court-enforced Parenting Orders, we work to protect the best interests of your children while reducing conflict and stress.
Parenting Plans vs. Parenting Orders
In many cases, separating parents can agree on post-separation parenting arrangements without going to court. These informal agreements, known as Parenting Plans, are written records of parenting decisions and responsibilities. While not legally binding, they reflect shared intentions and are a helpful reference point for co-parenting.
However, when parents disagree or require enforceable arrangements, they may need to apply for Parenting Orders through the Federal Circuit and Family Court of Australia. These legally binding orders are made under the Family Law Act 1975 and are designed to prioritise the child’s safety and wellbeing.
Family Dispute Resolution (FDR)
Before going to court, parents are generally required to attempt Family Dispute Resolution (FDR). This is a form of mediation facilitated by an accredited third party, where parents can negotiate parenting arrangements and develop a Parenting Plan.
If FDR is unsuccessful, or if family violence or child safety concerns make mediation inappropriate, a Section 60I certificate can be issued to allow the matter to proceed to court.
You can learn more about FDR through the Australian Government’s Family Relationships Online.
When Court Intervention Is Needed
If mediation fails, or if one parent is acting unreasonably or dangerously, you may need to apply for Parenting Orders. These orders can determine:
• Who the child lives with
• Who the child spends time with
• How parental responsibility is shared
• Communication methods and decision-making processes
• Travel and schooling arrangements
In urgent cases, the court may issue interim or emergency orders.
We Help You Prioritise Your Child’s Best Interests
At Fred Kalouche & Associates, our team understands that every family dynamic is different. Whether you are seeking to formalise a mutual agreement or respond to an urgent parenting dispute, we tailor our legal strategies to support your child’s stability and security.
We also advise grandparents or extended family members who play an important role in the child’s life and want to maintain contact or take on a caregiving role.
If you’re facing a parenting dispute or simply need help creating a formal Parenting Plan, reach out to us for legal guidance.
Frequently Asked Questions About Buying or Selling a Business
What is the difference between a Parenting Plan and Parenting Orders?
A Parenting Plan is a mutual agreement between parents that outlines care arrangements but is not legally enforceable. Parenting Orders are made by the court and are legally binding.
Do I have to go to court to get parenting arrangements in place?
Not always. Most parenting matters are resolved through Family Dispute Resolution (FDR) or negotiation. Court is typically a last resort when parents cannot reach agreement or when urgent intervention is needed.
What does the court consider when making Parenting Orders?
The court’s primary focus is the best interests of the child, including protection from harm and maintaining meaningful relationships with both parents. Other factors include the child’s views, the relationship with each parent, and the ability of each parent to provide care.
Can grandparents or other relatives apply for Parenting Orders?
Yes. Under the Family Law Act 1975, anyone concerned with the care and welfare of a child, including grandparents and other relatives, can apply for Parenting Orders if it is in the child’s best interests.
Fred Kalouche & Associates
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Legal challenges can be overwhelming, but you don’t have to face them alone. At Fred Kalouche & Associates, we take the time to listen, understand your situation, and guide you with clarity, compassion, and confidence.
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