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.
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.
Traveling overseas with your child after separation can become a legal minefield, particularly if the other parent doesn’t agree to the trip. In Australia, laws are in place to prevent child abduction and ensure that both parents’ rights, along with the child’s best interests, are protected. If you’re planning a trip and facing resistance or uncertainty, here’s what you need to know.
1. Start with Communication and Agreement
The best place to begin is with open communication. If possible, talk to the other parent about your plans and why the travel is important. If they agree, it’s wise to get their consent in writing, such as a signed letter outlining the travel details. This can help prevent disputes later and serves as a clear record of their permission.
2. What If the Other Parent Doesn’t Agree?
When agreement isn’t possible, there are legal avenues to consider:
Seek Consent Orders
If discussions stall, you can apply to the court for consent orders. These orders formalize the travel terms, offering a legal framework to avoid further disputes. You’ll need to demonstrate that the trip is in the child’s best interests.
Consider Mediation
In many cases, you’ll need to attend mediation before applying to the court. Mediation provides a structured environment to work through disputes with a neutral third party, helping both parents find a voluntary resolution.
Apply for Court Orders
If mediation fails or isn’t suitable, you can apply to the court for orders allowing the trip. The court will assess factors such as:
The reason for the travel (e.g., family events, education, or cultural exposure).
The potential benefits and risks to the child.
Whether the travel aligns with the child’s best interests.
A judge’s decision will aim to balance the needs and concerns of all parties, with the child’s wellbeing as the top priority.
3. Be Aware of Passport Restrictions
If there’s concern that the other parent might take your child overseas without permission, you can explore measures to restrict or monitor their ability to obtain a passport. For example:
Applying to have the child’s name listed on the Airport Watch List, preventing unauthorized travel.
Seeking court orders to secure or cancel a passport.
These steps are often used when there’s a fear of abduction or non-consensual international travel.
4. Don’t Risk Traveling Without Consent
It’s critical to understand that taking your child overseas without the other parent’s consent, or without court approval, could be considered child abduction. This is a serious legal offense under both Australian and international laws. Even well-intentioned trips can result in severe consequences if proper procedures aren’t followed.
Seek Legal Guidance
Every situation is unique, and navigating the legal requirements for international travel with children can be tricky. At Coastal Lawyers, we can help you understand your rights and obligations, mediate disputes, or represent you in court if necessary.
Planning an Overseas Trip with Your Child?
Don’t risk unnecessary complications. Contact Coastal Lawyers today for expert advice on securing the consent you need and ensuring your travel plans comply with the law.
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.
Feeling Trapped? Exploring Your Options in Divorce and Separation
At Coastal Lawyers, we often hear from women contemplating divorce or separation but feeling uncertain about their options due to financial instability. These women may have taken on traditional roles, staying at home to care for the children and manage the household, while their partners pursued careers and built financial security.
Often, they are not currently working or may have only part-time jobs that fit around childcare responsibilities. They may have little or no superannuation, while their partners hold significant salaries and super balances.
Many feel unhappy, unfulfilled, or even trapped in situations involving family violence. They long to leave, but financial uncertainty makes them question whether it’s possible. They often describe their situation in one word: “trapped.”
These women frequently ask questions such as:
How will I support myself?
What am I entitled to?
Is his super really his super?
I have always been the primary carer—what will happen with the children?
My husband said that if I leave, I will get nothing because I haven’t contributed financially—is that true?
My children go to private school, and I can’t afford the fees on my own—what happens now?
My husband refuses to leave the house, and I don’t even have money for a bond—what can I do?
My husband says I can’t take the children with me if I leave—is that right?
These are valid concerns, and the answers often depend on the unique circumstances of each family.
Your Path to Clarity: The Family Law Strategy Session
At Coastal Lawyers, we understand that separation can be overwhelming and complex. That’s why we offer our Family Law Strategy Session—a one-hour obligation-free session at a reduced hourly rate with an experienced family lawyer.
This session is an opportunity to:
Ask questions about your situation and rights.
Understand your options and the legal implications of separation.
Plan your separation to set yourself and your children up for success.
Explore pathways to achieve an amicable separation, or if that’s not possible, ensure your safety and the safety of your children.
Taking this first step can provide the clarity and confidence you need to move forward.
Don’t let uncertainty hold you back. Click the button below to book your Strategy Session with Coastal Lawyers and start planning for a brighter 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.
