Emotional divorces not only involve arguments about property, but emotions are raised to an even higher level when arguments involving the children, and who they spend time with, are raised.
The commonly used threat “I’ll take you to Court” soon loses its bite when the Court forces the warring parties to sit down and discuss the problems, before anyone sets foot into a Courtroom.
When applications for parenting orders are filed with either the Family Court or the Federal Magistrates Court, both parties are ordered to undergo “pre-action procedures” including participation in dispute resolution.
A Court will require a certificate from an accredited family dispute resolution practitioner before an application for parenting orders can be filed with the Court.
Reaching agreement out of court saves you and your family considerable time, stress and money. Pre-action procedures are a requirement except in circumstances where there is family violence, child abuse or urgency.
An application for orders can be made by either parent, but also by the child, a grandparent, or any other person concerned with the welfare of the child.
Orders are legally binding and cover parental responsibility, where the child lives and time spent with each parent. The decision is based upon the best interest of the child or children.
If you have any questions you would like answered either confidentially or via this medium, please email us at office@mjolegal.com.au
This is intended for general information and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.