Geelong Family Lawyers: Role of family lawyers in parenting agreements
After separation, many people are able to reach agreement between themselves about where and with whom their children should live. Where no agreement can be reached or where both parties have different ideas about how the family unit should operate moving forward, parents may benefit from mediation to help them decide on ongoing parenting arrangements.
The Mediation Process
Mediation (often referred to as Family Dispute Resolution) is typically free or low cost and can be booked through an organisation such as Relationships Australia or Catholic Care. Mediation through organisations such as this will typically involve one or more intake interviews with each parent, and then a formal mediation session. For the mediation, parents may be in the same room, different rooms, or even on separate phone lines, depending on their locations, whether there are any safety issues, and their caring responsibilities. During the mediation, a mediator may help both parties to draft a ‘parenting agreement’ or ‘parenting plan.’ This is a non binding agreement about what care arrangements should be put in place for the children of the relationship. Many parents will attend mediation and reach an ‘interim’ or ‘short term’ parenting arrangement with an agreement to attend a further mediation in the future.
The Role of Family Lawyers in Mediation
Often, parents will seek advice from a family lawyer before attending a mediation. This can help them understand whether proposed care arrangements for their children are reasonable, and what their options are if they cannot reach agreement with the other parent. This allows them to attend the mediation armed with an understanding of what their best option is in the event that the mediation fails. It can also ensure that they do not feel bullied into an agreement that they do not think is in the best interests of the children.
In some cases, lawyers can also attend the mediation which can help in drafting a legally enforceable parenting agreement.
The Role of Lawyers after Mediation
If parties attend a mediation without a family lawyer and successfully reach agreement, they may wish to engage one afterwards to formalise any agreement reached by way of Parenting Orders. We always recommend that parents formalise their agreements this way, as it creates legal protection for both parties and ensures that there are legal consequences if a party doesn’t abide by the agreement.
Parties may also engage a family lawyer if the mediation was not successful. This may be because there was no scope for agreement, because one party was being unreasonable, or because having tried the parenting agreement for a period of time, they have realised that it is unworkable.
If a family law attorney is engaged after an unsuccessful mediation this will likely be for the purpose of further negotiation, to attend a privately funded mediation, or to commence parenting litigation.
When Is The Best Time To Get Legal Advice From A Family Lawyer?
It is always our recommendation to get legal advice as early as possible in the separation process and prior to mediation. This is to prevent an agreement being reached that is not in your interests or in your family’s interest and to identify any risks that you may not have considered. Unless there are serious safety issues, or a matter requires urgent intervention, mediation is compulsory prior to going to court.
Call our Geelong lawyers on 52928000 to discuss both the mediation process and options for parenting agreements, or contact Geelong law firm here: https://cornishlawyers.com.au/get-started/
Where Can I Mediate?
- Better Place Australia: https://www.betterplaceaustralia.com.au/
- Catholic Care: https://www.catholiccarevic.org.au/locations/geelong-family-relationship-centre/
- Relationships Australia: https://www.relationships.org.au/
- Family Life: https://www.familylife.com.au/support/separation/family-dispute-resolution-2/