Separated parents should discuss Christmas care arrangements as early as possible and try to reach an agreement. If they cannot agree, they may need to attend Family Dispute Resolution before commencing Family Court proceedings, unless an exception applies. If court intervention is required, an application should be made as early as possible to allow time for the matter to be heard before Christmas.
What should separated parents do if they cannot agree on care arrangements for their children over Christmas?
Our Family Team discusses this topic
Summary
This article explains what parents should consider when making care arrangements for children over the Christmas holidays. It outlines the role of Family Dispute Resolution, when Family Court proceedings may be required, and the importance of addressing parenting arrangements early.
When should you start discussing Christmas parenting arrangements?
Everywhere we look Christmas decorations are appearing in shopping centres which serve as a timely reminder that the Christmas holidays are almost upon us. In fact, Christmas is now little less than 2 months away.
What if you cannot agree on Christmas parenting arrangements?
In the event that you have not discussed the care arrangements for your children in the upcoming Christmas holidays with your ex partner, now is the time to have these discussions. If you are unable to reach an agreement regarding the upcoming Christmas holidays then you may need to seek Family Court Orders, but it is important that you determine whether you need the intervention of the Family Court as soon as possible as there are processes which must be followed.
Do you need to attend Family Dispute Resolution before going to Court?
Prior to commencing Family Court Proceedings regarding children’s matters, the Family Law Act 1975 requires that the parties attend Family Dispute Resolution (“FDR”) to attempt to resolve these issues. There are exceptions to this requirement however you cannot rely on the fact that your matter will fall under one of these exceptions. Once you either attempt to commence the FDR process and the other party declines to participate or you attend FDR without reaching an agreement, you will be issued a section 60I certificate. When you have been issued a section 60I certificate, you are then able to commence Family Court proceedings.
When can you commence Family Court proceedings?
If you and your ex partner are unable to reach an agreement through FDR or otherwise regarding the upcoming Christmas holidays, you will need to commence Family Court proceedings prior to the cut off date, which this year is at 4:00pm on Friday 10 November 2017.
Why should you apply for Christmas parenting orders early?
As the Family Court is busier than your local shopping centre on Christmas Eve, it is vital that you file your application as soon as possible to try to obtain a hearing prior to the Christmas period commencing.
When should you seek legal advice about Christmas parenting arrangements?
This Christmas season (before you deck the halls and jingle all the way to Christmas Eve without any care arrangements in place for your children) contact our offices to book an appointment to obtain legal advice regarding Family Dispute Resolution and the commencement of Family Court proceedings.