Do your Parenting Arrangements Still Fit?

Parenting agreements or consent orders document agreement at a point in time.

Over time as children move through life stages, issues change.

If you have children moving from care to school this year, you may benefit from a hand to facilitate this conversation.

If you have children moving from primary school to high school, an agreement that was made when the children were younger will often not cover the issues that now need to be negotiated between parents.

Maybe you have changed home environments and it is time to have discussions and come to agreement on involvement of third parties like new partners in relation to issues such as supervising children and disciplining children.

How can you reach agreement?

Most people know someone who has been through the court process in order to reach agreement. This process can be slow and the Family Circuit and Family Court of Australia (“the Court”) recently reported that it takes in the vicinity of 3 years to get a decision from a Judge, longer in some locations.

New changes were introduced in September 2021 and the Court has set a target of resolving cases within twelve months. The Court reports that it hopes that this can be achieved but acknowledges that this turnaround cannot be met until the backlog of cases that were previously before the Court are resolved.

Mediation has now been incorporated into each stage of the court process, where appropriate.

Are lawyers involved?

I help parents understand the different ways mediation can be conducted and how specialised advice can be directly or indirectly incorporated into the process.

One option is often referred to as “legally assisted mediation” which is where both parents are represented in the mediation by a lawyer.

Another option is where people get advice either prior to the mediation or even come to an agreement with their solicitor that they will make themselves available so the client can seek advice from them during the mediation before they reach final agreement.

One main benefit of mediation is that it is confidential, with a few exceptions in relation to my role as a mandated reporter.

Confidentiality means that people can make admissions or agreements during the mediation that cannot later be used against them. Many people knowing they are protected by confidentiality feel confident to mediate on their own.

“Tune Up”

Is a tune up right for you?

I noticed that many people that have already been through the lengthy process of coming to agreement previously, are often reluctant to start the process again. Parents accept the current arrangements and are afraid to rock the boat, fearing the parenting relationship worsening.

A tune up or mini-mediation can help parents come together to discuss limited agreed issues.

The Mini-mediation process involves a discussion with both parents prior to the joint session. In this first session, the Intake, I learn about what you are seeking to discuss and assess suitability for mediation. This process takes one hour each.

If suitable the Mini-mediation is scheduled for two hours and I facilitate the conversation helping people stay focused on the issues.

The Tune Up will take place over Zoom which allows people more flexibility to fit the two hours time slot within their busy schedule.

Agreement

If agreement is reached, I can draft the agreement for you in the form of a parenting plan and facilitate the execution of the agreement within the time allocated.

Often people agree that they will draft an agreement but not sign the agreement on the day. Instead preferring to have time to fully consider the draft agreement and consider the impact of the changes on other areas of their life, before they commit to signing a final agreement. 

People may choose to agree to take the draft to their lawyers with the intention that Consent Orders are sought so they can formalise the agreement.

The choice is yours.

If you would like to know if the “Tune Up” meets your needs, you can call me to discuss or book a free session using the “Book Now” button and selecting “Enquiry: Is mediation right for me. Free chat” from the list which will allow you to book a time in my calendar that suits you.