Navigating Parenting Agreements After Separation: A Guide for Geelong Families
Following separation, many individuals can successfully determine their children’s living arrangements independently. However, when an agreement proves challenging, or parents have differing views on how their family should function moving forward, mediation can be a valuable tool. Mediation provides a structured process for parents to discuss and agree upon ongoing parenting arrangements that best serve their children’s needs.
Understanding the Mediation Process
Family Dispute Resolution, commonly known as mediation, is a process that generally comes at little to no cost. Parents can access these services through organisations such as Relationships Australia or Catholic Care. In most cases, mediation begins with one or more individual intake sessions with each parent. These are followed by a formal mediation session where both parents participate. Depending on various factors like location, safety concerns, and childcare obligations, parents may be in the same room, separate rooms, or even communicate remotely during the mediation.
With the mediator’s guidance, parents can work together to develop a ‘parenting agreement’ or ‘parenting plan’. This document outlines the intended care arrangements for their children but is not legally binding. Often, parents who use mediation will create a temporary or short-term parenting arrangement and agree to attend further mediation sessions in the future to reassess and adjust their plan as needed.
The Importance of Legal Advice in Mediation
It’s common for parents to consult with a family lawyer before participating in mediation. This consultation can help them assess the appropriateness of proposed childcare arrangements and understand their alternatives if an agreement with the other parent isn’t reached. By gaining this knowledge, parents can enter mediation with a clear understanding of their options should the process not be successful. This preparation can also help them avoid feeling pressured to accept an agreement they believe is not in their children’s best interests.
Additionally, lawyers can sometimes attend mediation sessions with their clients. This can be beneficial in crafting a parenting agreement that is legally sound and enforceable.
Legal Support Beyond Mediation
While reaching an agreement through mediation is a positive step, it’s often advisable to consult with a family lawyer afterwards. A lawyer can help formalise the agreement reached in mediation by preparing Consent Orders that, once approved by the court, become legally binding Parenting Orders. This process offers significant benefits, as it provides legal protection for both parents and ensures there are consequences if one party fails to adhere to the agreed-upon terms.
However, mediation isn’t always successful. Sometimes, parents may be unable to reach a mutually agreeable solution, perhaps due to irreconcilable differences, an unwillingness to compromise, or the discovery that the initial agreement proves impractical after a period of implementation. In such cases, seeking legal advice becomes crucial to explore alternative options and protect your rights.
When to Seek Legal Counsel?
We strongly advise seeking legal counsel as soon as possible when going through a separation, ideally before attending mediation. This proactive approach helps ensure that any agreements reached are in your and your family’s best interests. A lawyer can help you identify potential risks and legal implications that you might not have considered otherwise. It’s important to note that, except in cases involving safety concerns or requiring urgent court intervention, mediation is a mandatory step before initiating court proceedings.
Need assistance? If you’re facing separation or need assistance with any family law matter, don’t hesitate to contact our Geelong family lawyers. We offer a free initial consultation to discuss your needs and explore the best path forward.
Cornish Lawyers was established in 2011 by Jaz Cornish in response to the growing need for dedicated family law services in Geelong, Torquay, and the Surf Coast. With a deep understanding of the local community and a strong commitment to client care, we provide high-quality legal advice and representation in all areas of family law. Our team is comprised of experienced and compassionate family lawyers who are dedicated to helping families navigate the challenges of separation with dignity and respect.
Where Can I Mediate?
- Better Place Australia: https://www.betterplaceaustralia.com.au/
- Catholic Care: https://www.catholiccarevic.org.au/locations/geelong-family-relationship-centre/
- Family Life: https://www.familylife.com.au/support/separation/family-dispute-resolution-2/