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I have a child 7 months old but am not living with them, I…

Customer Question
Hi I have a...

Hi I have a child 7 months old but am not living with them, I have contacted childcare support and given them my Tfn I earn about $70000,

Lawyer's Assistant: Family law varies by state. What state are you in?

Victoria

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes but the lawyer tells me my partner is of no good intention she wants to frastrate me so we had to apply for child care support immediately

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Am an international student and so is the mother of the baby, she falsely accused me recently of threatening to kill her so i have been given an intervention order

Submitted: 10 months ago.Category: Australia Law
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Answered in 2 hours by:
9/28/2017
Solicitor: John Melis, Lawyer replied 10 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,539
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 10 months ago

Dear customer, in relation to your important matter, relationship separation is not easy at any time, especially when there are children of the relationship. The founding law principal in relation to a child, is the best interest of that child is paramount.

One aspect for which the law has assisted with parents is Division 4 of the Family Law Act 1975, Parenting Plans. The courts encourage parents to settle parenting matters of a child or children between themselves, by putting aside their differences and focusing on the best interest of the child or children. Section 63B of the Family Law Act says:

Section 63B Parents encouraged to reach agreement:

(a) to agree about matters concerning the child; and

(b) to take responsibility for their parenting arrangements and for resolving parental conflict; and

(c) to use the legal system as a last resort rather than a first resort; and

(d) to minimise the possibility of present and future conflict by using or reaching an agreement; and

(e) in reaching their agreement, to regard the best interest of the child as the paramount consideration.

There are two primary ways to manage the process of parenting. The first way is that arrangements can be settled through a parenting plan between the parents, which may involve the assistance of lawyers or family counsellors or both. The second option is to apply for parenting orders with the help of the court, which will require the assistance of a lawyer. With each option being focused on the best interest of the child or children as a paramount consideration.

Some parents may consider that a parenting plan is not necessary for the parenting of the children. However, the benefits of a parenting plan do assist both parents in understanding and appreciating each others expectations as to what level of parenting each party can provide on an ongoing basis and not just off the cuff.

There are a lot of considerations that are involved in creating a parenting plan, with the first aspect being that the plan should be made free from any threats, duress or coercion between the parents. This means the parents will have to put their specific issues aside towards one another to focus on the child or children’s best interest. A parenting plan may deal with any of the matters raised in section 63C of the Family Law Act.

Because parenting plans and the content of these plans are important for parents to consider, the following is a part extract of section 63C of the Act.

(1) A parenting plan is an agreement that:

(a) is in writing; and

(b) is or was made between the parents of a child; and

(ba) is signed by the parents of the child; and

(bb) is dated; and

(c) deals with a matter or matters mentioned in subsection (2).

(1A) An agreement is not a parenting plan for the purpose of this Act unless it is made free from any threat, duress or coercion.

(2) Aparenting plan may deal with one or more of the following:

(a) the person or persons with whom a child is to live;

(b) the time a child is to spend with another person or other persons;

(c) the allocation of parental responsibility for a child;

(d) if 2 or more persons are to share parental responsibility for a child - the form of consultations those persons are to have with one another about the decisions to be made in the service of that responsibility;

(e) the communication a child is to have with another person or the persons;

(f) maintenance of a child;

(g) the process to be used for resolving disputes about the terms or operation of the plan;

(h) the process to be used for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan.

(i) any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.

There are many important aspects that need to be taken into account with a parenting plan, and there will be some situations where a parenting plan and parenting orders will coexist together. This may occur where there are significant issues as to where a child may live, how much time they spend with the parent, while the parenting plan will deal with more intricate matters.

You have entitlements in Australian in respect to your child and the law will come to your aid.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don’t forget to leave positive feed back.

Kind regards
John Melis

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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