Penalties are usually only imposed where there have been repeated breaches of orders. The court may also vary the existing parenting order. Violence directed towards you by the father is also abuse of the children. The law says that children should be protected from physical or psychological harm, which results from being subjected to, or exposed to, family violence. However, a court may still decide that it is in the best interests of the children to spend time with their father, in spite of his previous violence towards you.
This time might need to be supervised by another person. Each case is different and will depend on the facts. It has to be dated and signed by both parents. A parenting plan is not enforceable like a court order.
It is an agreement between the two of you, setting out your future plans for the children. If one parent does not keep to the terms of the agreement, you may have to try to renegotiate it or make an application to court for court orders. If one of you makes an application to court at a later date, the court may take into account the agreement set out in the parenting plan.
The court can make orders in the same terms, or change that agreement, depending on what is in the best interests of the children. A parenting plan may be used to change the terms of an existing court order. You should be very careful that the terms of any such parenting plan are in the best interests of the children, and workable. It may be a good idea to make a parenting plan for a limited time period, e. Consent orders are formal court orders that reflect the agreement you have reached with the other parent.
Consent orders are enforceable like any other court orders. You can use this kit on the family law courts website to apply for consent orders. If your court orders are not working, and the other parent agrees to change them, you can create a parenting plan together see above to set out in writing what you want the new arrangements to be.
The parenting plan must be dated and signed by both parents. This has the effect of changing your court orders. This has to be done through the same court that made the orders. If your court orders were made some time ago, you may be able to change them. First, you will have to try to renegotiate the terms of the orders with the other parent.
This can be done privately between the two of you, or through family dispute resolution. If you reach agreement, you can make a parenting plan see above , which can change the terms of your existing court orders. Just as parents do not have rights over children, grandparents also do not. Grandparents are able to apply to court for orders in relation to their grandchildren.
They can choose to make one parent the primary custodial parent—meaning the child lives primarily in that parent's home. In the latter situation, the custodial parent has primary physical custody, and the other parent the noncustodial parent has a right to visitation or "parenting time" with the child. If parents can't agree on custody, a judge will have to make these decisions for them. Whether you reach a custody arrangement by mutual agreement or a judge's decision, a court will issue a custody order that spells out exactly how it divided custody rights and responsibilities, including who the custodial parent is.
Court-ordered custody arrangements can work well for years, especially when both parents live in the same town. However, what happens when the custodial parent wants to move to another town or out-of-state? What if the noncustodial parent opposes the move because it will result in lost time with the child?
In this situation, the custodial parent will likely have to go to court and ask a judge for permission to move the child out-of-state. These "move-away cases" are among the most difficult types of custody disputes. Typically, a parent can't move a child to another county or state without prior approval from the court that issued the original custody order.
If the custodial parent moves the minor child without court permission and against the noncustodial parent's wishes, a judge may sanction punish the custodial parent with a contempt order, including fines and jail time. A judge could even change custody arrangements in favor of the noncustodial parent. Parents can agree to a relocation. If both parents consent to the child moving and can agree on a new custody arrangement that considers the new location and provides the noncustodial parent a sufficient amount of time with the child, a judge may approve it if it meets the child's best interests.
When parents agree to an out-of-state move, they must sign a written agreement known as a stipulation and consent agreement , which the judge may turn into a court order. If parents can't agree, they can hire a coparenting counselor or custody mediator to help guide them toward a resolution. If mediation fails, the moving parent will have to go to court and file a "petition" or "motion" legal paperwork asking the court to grant the request to relocate. Each state has its own set of legal factors its courts must consider in move-away disputes.
Still, generally speaking, courts must weigh the benefits of moving against the disruption to the noncustodial parent's visitation rights. Following separation, one or perhaps both parents will need to find somewhere else to live. Sometimes, a separated parent will want to move with the children because of reasons to do with family support, a new relationship, stable accommodation or better work opportunities.
This could involve moving to a different suburb, town, state or country. Changing the place where a child lives is called a relocation decision. Relocation decisions are different to temporary changes in a child's living arrangements, such as taking children away on holidays. Relocation decisions can have a big impact on the arrangements for children and their current routines.
The further away a child is going to move, the harder it can become to encourage or maintain close relationships with the other parent, grandparents and other important relatives. This information will help you understand how the family law deals with relocation decisions. Find out:. Part of parental responsibility is being able to make decisions about the children's living arrangements. Do not assume it is all right to move because there are no court orders in place.
There may be orders preventing children from leaving a particular state or territory, even on holiday. If you are in dispute about interstate holiday travel, you should still try to reach an agreement.
If you want to take the children overseas and the other parent disagrees, you have to apply to the court. The court also considers the risk of the children not returning to Australia. The court may place conditions on your travel, such as payment of money, to make sure that they come back.
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