Child Support and Parenting

• The interests of any minor children of the parties either from their relationship or from previous relationships are of paramount importance;
• Their care, living arrangements and financial support need to be considered both in order to reach a financial settlement as well as when making application for a divorce;
• Parenting plans are not usually legally binding, however you can apply to the family court for parenting orders. If you already know what orders you would like from the court, you can include parenting orders in your application for consent orders – see the Family Relationships web site (http://www.familyrelationships.gov.au/BrochuresandPublications/Pages/parenting-plans.aspx.);
• Both parties can choose to keep their parenting agreements private, or they can be included in the application to the family court for parenting orders to make them binding and enforceable;
• For a guide as to what is the difference between parenting plans versus parenting orders from the family court, refer to family court web site, see (http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/parenting/if-you-agree-on-arrangements/.);
• Child support matters – ADS can assist both parties to work out a budget of costs for supporting children including daily living costs and extraordinary costs. For more information refer to the Department of Human Services web site (https://www.humanservices.gov.au/customer/dhs/child-support);
• If an agreement has been reached, as only lawyers can give legal advice on the legal content of any parenting agreement, we recommend that each party refer back to their respective family lawyers to obtain independent legal advice and feedback to ensure that their legal rights and interests have been addressed in the agreement;