Will you have access to your children during the holidays?
School holidays are fast approaching. Have you finalised your parental access agreements with the other parent[s] of your children? If not, you must apply for a Parenting Order in relation to the whole, or part of the school holiday period - beginning in December, in a year [the application year] and extending to January the following year.
The application must be filed at the Family Court/Federal Circuit Court before 4.00pm on the second Friday in November of the application year i.e. before 13 November 2015 for this year.
If you fail to file an application for access to your children over the Christmas period, the court will not hear your application until after the Christmas period.
A verbal agreement or an informal agreement in writing may not be enough.
We advise people to obtain an order of the court – rather than a parenting plan.
Unfortunately, email and text agreement are not enforceable. If you do not have children’s orders with the court, the other parent can change their mind the day before Christmas – without any recrimination.
If you are no longer living with the other parent - always obtain court orders that set out the arrangements for you to spend time with your children.
Protect your time with your Children
We recently completed a case where the parents separated while their child was one year old. The case finished when the child was 11 years of age.
As a result of the mother’s continual breaches of the conditions of the order during the past 11 years, the court ordered the child to live with the father.
If those orders were not in place, the father would have no basis for asking the court to order the child to live with him.
The father also kept written records of all breaches [in a diary] of the orders and that evidence was crucial in supporting his case.
If you’ve separated from the parent[s] of your children and you want to spend time with your children, we can help you negotiate parenting orders with the other party. Speak with us today.