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Parenting Matters

At Surge Legal we always aim to resolve your Family Law parenting matters by way of obtaining Consent Orders from the Court, if possible. This process involves liaising with the other party on your behalf and making a parenting proposal in the best interest of the child/children. If the parties can agree to parenting terms, the next step is to make an Application for Consent Orders to the Court. The Application is usually approved by the Court within 4-8 weeks of lodgment and the parties receive sealed Consent Orders confirming that their parenting agreement has been approved and formalised by the Court.

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Getting Started 

At the initial stage of your matter we will organize an in-depth consultation with you to obtain detailed instructions and provide you with comprehensive advice in relation to your parenting matter. During our conference with you we will examine your circumstances in the context of Section 60CC and 65DAA factors in detail, including but not limited to the following issues:

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  1. the benefit to the child of having a meaningful relationship with both of the child's parents; 

  2. the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

  3. whether the child spending equal time with each of the parents would be in the best interests of the child;

  4. whether the child spending equal time with each of the parents is reasonably practicable;

  5. whether the child spending substantial and significant time with each of the parents would be in the best interests of the child;

  6. whether the child spending substantial and significant time with each of the parents is reasonably practicable;

  7. how far apart the parents live from each other;

  8. the parents' current and future capacity to implement an arrangement for the child spending equal time, or substantial and significant time, with each of the parents;

  9. the parents' current and future capacity to communicate with each other and resolve difficulties that might arise in implementing an arrangement of that kind; and

  10. the impact that an arrangement of that kind would have on the child.

 

We will then advise you of your rights and available options going forward.

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Following the in-depth conference, we will usually prepare a comprehensive parenting proposal for your former partner based on your instructions and attempt to resolve the matter out of Court.

 

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What Happens Next

Agreement Reached

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  • Often the parties attend mediation to resolve their family law parenting matter and agree to a parenting plan. It is worth noting that a parenting plan is not legally enforceable and you should always obtain Consent Orders from the Court to formalise any agreement reached.

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  • If agreement can be reached between the parties within a period of 90 days (in our experience this timeframe is a good indicator whether or not the matter will likely settle out of Court or proceed to litigation), we will prepare an Application for Consent Orders for the parties’ review and execution. Once signed, the Application for Consent Orders will be lodged with the Federal Circuit and Family Court of Australia for review and approval by a Registrar.

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  • This process takes between 4-8 weeks depending on the backlog of cases dealt with by the Court at any given time. If the Application for Consent Orders is approved, the matter is finalised, and the parties receive a sealed copy of the Consent Orders from the Court.

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  • In the event your Application for Consent Orders is not initially approved, the parties will receive requisitions from the Court requiring them to address specific issues in their Application and/or to provide further information by way of filing an Affidavit. The Application can then be amended and re-filed with the Court. Our experienced team at Surge Legal will always ensure the Application is drafted and completed in such a way so as to minimise the likelihood of any requisitions from the Court, however, it is not possible to guarantee that the Court will not issue requisitions in relation to your Application, as this is a discretionary matter for the Court.

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Agreement Not Reached

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  • If no agreement can be reached within 90 days and the parties attend mediation, which is unsuccessful, we would normally recommend that legal proceedings be commenced in the Federal Circuit and Family Court of Australia in relation to your parenting matter as soon as possible.

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  • You should note that obtaining a Section 60I certificate is a requirement prior to commencing non-urgent Family Law parenting proceedings. This certificate is issued by a family dispute resolution practitioner at mediation and is valid for 12 months. We advise most of our clients to organize mediation either privately or through a Family Relationship Centre at the earliest possible time and to obtain Section 60I certificate as soon as possible to avoid unnecessary delays in the future.

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  • If your matter is urgent and involves serious risk of physical or psychological harm to the child in the care of the other party, the requirement for Section 60I certificate can be waived by the Court to allow you to commence legal proceedings straight away.

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Family Law Parenting matters can often involve complex issues of law and be extremely stressful to deal with on your own. We have many years of experience in the Family Law jurisdiction and are confident that your matter will be resolved on the best terms possible in an efficient and cost-effective manner. We offer fixed fees for Applications for Consent Orders and often our fees during the litigation process can be fixed as well for your peace of mind.

 

Contact us on 02 8722 5021 to speak to an experienced family lawyer today free of charge for a 20-minute assessment of your matter or book the free telephone consultation at a time suitable to you via our Book Online page.

Our Fees

The costs of obtaining pareting Consent Orders from the Court depend upon various factors, including but not limited to the extent of the issues in dispute and allegations of risk of harm to the child, and if you require us to negotiate an agreement from start to finish. Each matter is assessed on a case by case basis, so please contact us for a free initial assessment and quote.

Why Should You Choose SURGE LEGAL For Your Family Law Parenting Matter? 

SURGE stands for

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"... extremely professional and knowledgeable...executed complex legal agreement in a very efficient and timely manner..."

Angus, Sydney

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