Anonymous please.
Hi IMs . Just wondering as I have just separated from my defacto partner. In regards to the kids are we legally obliged to get custody arrangements written up? Clueless in regards to the process. Thanks for helping.
Anonymous please.
Hi IMs . Just wondering as I have just separated from my defacto partner. In regards to the kids are we legally obliged to get custody arrangements written up? Clueless in regards to the process. Thanks for helping.
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2 Replies
You don't have to, but honestly it's best to, it will protect everyone if things do get nasty at some point.
You need to go through the mediation process through a mediation centre and then you can pay to get the parenting plan signed off on by the court, which makes it legally binding.
Protects you all in the case where one parent decided not to hand over kids at set time etc.
I was actually advised not to have the parenting plan we agreed to in Mediation filed as consent orders. The advice given to me was that it is easier to change the arrangements if they are not filed at the Court. This however requires good communication and trust on both sides. Took a few years but my ex and I made it work and there have been many times over the years that we have needed to change the arrangements to accommodate school, dancing, both of our work commitments and friends. Not having anything filed with the court means we both just have to say to eachother "hey, does this work?".
Making the orders legally binding can give a lot of comfort and certainty to both parties and kids. If you decide to do this, I would seek advice about including a clause that arrangements can be changed from time to time, as agreed in writing (text or email can suffice). This means if the kids or you have something on (and vice versa for dad), you guys can agree to change it for that time. Definitely have a solicitor review any documents before you sign them! Good luck.