For separated or divorced parents, creating a parenting plan is a great way to establish clear, agreed-upon arrangements for raising your children. A parenting plan covers everything from living arrangements and visitation schedules to decision-making responsibilities, making co-parenting smoother and less stressful. But how do you get started? At Coastal Lawyers, we guide parents through this process with clarity and care.
Mediation: The Key to a Parenting Plan
Most parenting plans are developed through mediation, a structured process where parents work together with the help of a neutral third party (a mediator). The goal of mediation is to reach an agreement that meets the needs of both parents and, most importantly, the children.
Here’s how the process typically works:
Scheduling Mediation Mediation sessions are often half-day or full-day events, depending on the complexity of the issues being discussed. The session provides dedicated time to focus on parenting arrangements without outside distractions.
Discussing Key Issues During mediation, parents will discuss and negotiate important aspects of parenting, such as:
Living arrangements and time spent with each parent.
Holiday schedules and special occasions.
Communication methods between parents and with children.
Decision-making responsibilities for education, health, and extracurricular activities.
Reaching an Agreement The mediator facilitates discussions, helping parents reach compromises and agreements that prioritize the best interests of the child. While mediators do not make decisions for you, they guide productive conversations and help resolve disputes.
Drafting the Parenting Plan Once an agreement is reached, the mediator or a legal professional drafts the parenting plan. This document outlines all agreed-upon arrangements in detail.
Why Choose a Parenting Plan?
Parenting plans are voluntary and flexible, giving parents the freedom to create arrangements tailored to their family’s unique needs. They:
Encourage cooperation between parents.
Provide clarity on responsibilities.
Are adaptable, allowing updates as children grow or circumstances change.
While parenting plans are not legally binding, they serve as a useful reference if disputes arise later. If you require a legally enforceable agreement, the plan can be converted into consent orders through the court.
How Coastal Lawyers Can Help
At Coastal Lawyers, we’re passionate about helping families navigate separation with dignity and care. We can assist by:
Preparing you for mediation.
Advising you on what to include in your parenting plan.
Reviewing or drafting your plan to ensure it’s clear and comprehensive.
Assisting with converting your plan into consent orders, if necessary.
Ready to Create a Parenting Plan?
Getting a parenting plan doesn’t have to be overwhelming. With the right guidance and support, you can create an arrangement that works for your family.
Book a Family Law Consultation with Coastal Lawyers today, and let us help you take the next step toward a smoother co-parenting journey.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
At Coastal Lawyers, we understand that separation is one of the most challenging transitions a person can face.
That’s why we’ve created this practical, trauma-informed checklist to guide you through the early steps.
Our team is here to provide legal advice and emotional support to help you feel confident and empowered during this time.
1. Secure Your Finances
Online Banking: Change your login details to ensure your accounts are secure. If your ex-partner has access, now is the time to update passwords.
Set Up Your Own Account: Open a new bank account in your name only and redirect your income to this account.
Joint Accounts:
Discuss how to divide funds in any joint accounts.
If you can’t agree, consider freezing the account to protect your savings until an agreement is reached.
Credit Cards: Cancel any secondary cards on accounts in your name to avoid liability for additional spending.
2. Organize Important Documents
Asset Records: Gather financial records, including loan statements, bank account details, and property documents.
Personal Identification: Secure passports, birth certificates, and marriage certificates.
Legal Documents: Update your will, power of attorney, and any superannuation beneficiaries.
3. Property and Assets
Inventory: Make a list of all assets and liabilities. Include property, vehicles, superannuation, and debts.
Secure Valuables: If safe to do so, remove sentimental or high-value items from the shared property for safekeeping.
Keep the Status Quo: Avoid selling, gifting, or disposing of joint assets without consulting your lawyer.
4. Children and Parenting
At Coastal Lawyers, we know the wellbeing of your children is your top priority.
Parenting Plans: Begin discussions around interim parenting arrangements, focusing on the best interests of your children.
School Notifications: Inform your child’s school or daycare about the separation and provide updated emergency contact details.
Child Support: Contact Services Australia to learn more about child support obligations or entitlements.
5. Living Arrangements
Temporary Housing: If one party is moving out, prioritize the children’s stability when making arrangements.
Mail Redirection: Redirect mail to a safe location, such as your new address or a trusted friend’s home.
6. Digital Security
Password Protection: Update passwords for your email, social media, and any other shared online accounts.
Subscriptions: Cancel or transfer shared accounts like streaming services, phone plans, or cloud storage.
7. Superannuation
Statements: Request up-to-date statements from your superannuation fund.
Splitting Agreements: Superannuation is a marital asset and may be divided during property settlements.
8. Take Care of Yourself
At Coastal Lawyers, we’re committed to supporting not just your legal journey but your emotional wellbeing.
Seek Support: Engage with a therapist, counsellor, or trusted friend to process your emotions.
Build Your Network: Surround yourself with supportive people who can guide you during this time.
Self-Care: Take time to focus on your physical and mental health. Small, consistent steps can make a big difference.
9. Legal Advice
Early legal advice can make a world of difference in setting the tone for your separation.
Book a Strategy Session: Coastal Lawyers offers an initial consultation to answer your questions and help you create a clear plan.
Collaborative Approach: Our team is passionate about resolving disputes outside of court whenever possible.
10. Practical Considerations
Insurance: Review and update your insurance policies to reflect your new circumstances.
Utilities: Separate utility accounts like electricity, gas, and internet if they are in joint names.
Vehicle Registration: Clarify ownership and ensure payments are up to date.
Let Coastal Lawyers Guide You
Separation is a journey, and you don’t have to walk it alone. At Coastal Lawyers, we provide trauma-informed, compassionate legal support every step of the way. This checklist is designed to help you take the first steps with confidence. Let Coastal Lawyers provide the legal guidance you need to protect your future.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Coercive control is a pattern of abusive behaviors used to dominate, manipulate, and control a partner. Unlike physical violence, coercive control can include subtle and persistent behaviors that isolate, intimidate, and degrade the victim, severely impacting their freedom and well-being.
Examples of coercive control include:
Isolating the victim from friends and family.
Monitoring movements, communication, or finances.
Intimidation, manipulation, and threats.
Restricting access to money or resources.
Acts of humiliation or degradation.
Repeated threats of violence or harm.
The New Coercive Control Laws in NSW
Under the Crimes Legislation Amendment (Coercive Control) Act 2022, coercive control is now a criminal offense in NSW. The new laws will take effect from 1 July 2024 and are designed to protect victims of domestic and family violence by criminalizing non-physical forms of abuse.
Key Elements of the New Laws
For a conviction of coercive control, the following must be proven:
The accused engaged in a course of conduct (a pattern of behavior, not isolated incidents).
The accused and victim were in an intimate relationship at the time.
The accused’s behavior was intended to coerce, control, or dominate the victim.
A reasonable person would consider the behavior likely to cause fear of violence or have a serious adverse effect on the victim’s daily activities.
Maximum Penalty
The offense carries a maximum penalty of seven years’ imprisonment.
When the Law Applies
The new law covers abusive behavior during and after intimate relationships.
It does not apply to relationships outside intimate partnerships, such as friendships or workplace interactions.
Exceptional Factors to Note
The court will examine the pattern of behavior, the relationship dynamics, and the victim’s experiences to determine the seriousness of the offense. Factors like financial control, isolation, and ongoing intimidation will weigh heavily in assessments.
Why These Laws Matter
The introduction of coercive control laws aims to close the gap in protecting victims of domestic and family violence. By criminalizing controlling behaviors, the law recognizes the profound harm these actions can cause, even without physical violence.
Support and Resources for Victims
If you or someone you know is experiencing coercive control, help is available:
Legal Aid NSW: Provides free legal assistance and resources for those affected by coercive control and domestic violence.
National Domestic Violence Helpline (1800 RESPECT): Offers 24/7 confidential support and counseling.
Local Community Legal Centers: Can guide you on your legal rights and next steps.
How Coastal Lawyers Can Help
At Coastal Lawyers, we understand the complexities of domestic and family violence cases. If you’re affected by coercive control and need legal advice, our experienced team is here to provide compassionate and expert guidance.
Contact Us Today
Take the first step toward protecting yourself and your loved ones. Schedule a confidential consultation with Coastal Lawyers.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
When parents separate, one of the most complex and sensitive issues involves determining parenting arrangements. A common question arises: how much say do children have in deciding where they live or how they spend time with each parent? In family law matters, the court does consider children’s views, but several factors determine the weight given to their wishes.
Key Factors in Considering a Child’s Wishes
1. Age and Maturity
The older and more mature a child is, the more influence their views may have on the court’s decision. For instance, a teenager’s preferences are likely to carry significant weight, especially if they can articulate their reasons. However, younger children’s views can also be taken into account, provided they can express them meaningfully and without undue influence.
2. Best Interests of the Child
The child’s best interests are always the court’s paramount consideration. The court assesses whether a child’s expressed wishes align with their safety, well-being, and developmental needs. If a child’s preferences might expose them to harm or instability, the court will prioritize their protection over their wishes.
3. Independent Representation
In complex cases, an Independent Children’s Lawyer (ICL) may be appointed to represent the child’s best interests. The ICL doesn’t take instructions directly from the child but ensures the child’s views are presented to the court, alongside an independent assessment of what’s best for their welfare.
4. Influence of Parents
The court is mindful of the potential for parental influence on a child’s expressed preferences. If there is evidence that one parent has coerced or unduly influenced the child, the court may investigate further or discount those views to ensure decisions are genuinely reflective of the child’s best interests.
5. Nature of the Case
In cases involving allegations of family violence or child abuse, the court’s focus shifts heavily toward ensuring the child’s safety. While the child’s views remain important, their protection becomes the overriding concern, and their wishes may carry less weight if they conflict with safety considerations.
6. How the Court Gathers Children’s Views
Direct interviews between a judge and a child are rare in Australian family law. Instead, the court typically relies on:
Reports from Family Consultants: These experts meet with the child and parents to understand the family dynamics and provide recommendations to the court.
Independent Children’s Lawyers: The ICL presents the child’s views and their best interests to the court.
These professionals ensure that the child’s voice is heard without placing them in the uncomfortable position of directly choosing between parents.
Balancing Children’s Wishes and Their Best Interests
While children’s views are important, they form part of a broader assessment of what is in their best interests. The court’s ultimate goal is to create parenting arrangements that promote the child’s safety, stability, and overall well-being, even if this doesn’t align perfectly with their preferences.
Need Support Navigating Family Law?
If you’re dealing with family law matters involving your child’s wishes, Coastal Lawyers can provide compassionate, experienced guidance to help you understand your rights and obligations. Contact us today to ensure the best outcome for your family.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Co-Parenting: Parenting Plans vs. Consent Orders Explained
A parenting plan is a written agreement between separated or divorced parents outlining the arrangements for the care, living arrangements, and decision-making responsibilities for their children. While it is a legally recognised document, it is not a court order.
Parenting plans offer a voluntary and flexible approach for parents to collaborate on key details such as living arrangements, visitation schedules, and decision-making responsibilities. These plans are highly customisable, allowing parents to address specific needs like holiday schedules, communication methods, and other arrangements tailored to their family’s unique circumstances. While not legally binding, a parenting plan serves as evidence of agreement between parents if the matter later proceeds to court, providing a valuable framework for co-parenting.
Parenting plans offer numerous benefits, starting with their ability to encourage cooperation between parents. By working together, parents can foster healthy communication and maintain a focus on what’s best for their child. Additionally, parenting plans are highly adaptable, allowing updates as children grow or circumstances change, ensuring the arrangements continue to meet the family’s evolving needs.
While parenting plans provide a collaborative approach to co-parenting, it’s important to note that they may not be a suitable solution in cases of family violence, child abuse, or where there are significant concerns about a child’s safety. In such cases, legal advice and court intervention may be necessary to ensure a child’s well-being.
Parenting consent orders are legally binding agreements made between separated or divorced parents regarding the care, living arrangements, and decision-making responsibilities for their children. These orders are approved by the court, making them enforceable and legally binding.
Parenting consent orders offer clear advantages, as they are court-approved and enforceable, ensuring the arrangements prioritize the child’s best interests and provide legal certainty. At the same time, these orders are structured but flexible, allowing parents to make mutually agreed-upon changes, provided the updates are properly documented and submitted to the court for approval.
Consent orders are a great option for parents seeking formal, enforceable arrangements without the need for lengthy litigation. By providing court oversight, they ensure the child’s best interests are protected while offering peace of mind and clarity for both parents.
It’s important for parents to seek legal advice when preparing parenting consent orders to ensure that the terms are comprehensive, fair, and in the best interests of the child. Once the court approves the orders, they become a legal obligation for both parents.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
In family law, parenting orders provide structure and stability for children after separation. But what happens when circumstances change and one parent wants to revisit those orders? That’s where the Rice & Asplund principle comes into play. Stemming from an Australian family law case, this principle sets the standard for when the court will entertain an application to change existing parenting orders.
Here’s what you need to know about Rice & Asplund and how it applies to family law cases.
The Rice & Asplund Principle
Rice & Asplund refers to the court’s requirement that a significant change in circumstances must be shown before revisiting parenting orders. This principle ensures that the court balances stability and consistency for the child with the need to adapt to substantial changes.
Key Points About Rice & Asplund
1. Stability is Key
The court recognizes that stability and consistency are often in the child’s best interests. For this reason, reopening parenting arrangements without a substantial reason may not benefit the child. Parenting orders are designed to provide certainty, so the court is cautious about making frequent changes.
2. Reducing Unnecessary Litigation
Rice & Asplund aims to prevent repeated or frivolous court applications to change parenting orders. Constant litigation can take an emotional toll on the child and the parents, as well as strain court resources.
3. Demonstrating a Significant Change
To vary an existing parenting order, the parent making the application must demonstrate that a significant change in circumstances has occurred. Examples might include:
Relocation that impacts existing arrangements.
Changes in a child’s needs, such as medical or educational considerations.
Evidence of safety concerns or family violence.
Without such a change, the court is unlikely to reopen the matter.
4. Best Interests of the Child
As with all family law matters, the child’s best interests remain the court’s paramount consideration. Any changes to parenting orders must align with promoting the child’s well-being, security, and development.
How the Court Assesses Applications
When deciding whether to entertain an application under Rice & Asplund, the court considers:
The nature of the alleged change in circumstances.
Whether the proposed changes are practical and beneficial for the child.
The impact of reopening the matter on the child’s stability.
If the court determines that reopening the case is not in the child’s best interests, the application may be dismissed at an early stage.
Seeking Legal Advice
The Rice & Asplund principle ensures that parenting orders aren’t unnecessarily revisited, protecting the child’s stability while allowing flexibility when significant changes arise. If you’re considering applying to vary parenting orders, it’s essential to seek legal advice. An experienced family lawyer can help you determine whether your situation meets the threshold set by this principle and guide you through the process.
Need Help Navigating Parenting Orders?
At Coastal Lawyers, we understand the complexities of parenting orders and the importance of your child’s well-being. Contact us today for expert advice on whether your case meets the requirements of the Rice & Asplund principle and how to proceed.vice to protect your child’s well-being.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
