A family law parenting program helps disputed couples have a healthier family dynamic. It is quite possible for couples in healthy relationships to face issues that ultimately lead to the breakdown of their relationship. Here are a few common reasons why some marriages fail:
- Failure to share responsibility for raising children
- Postponing problems that can lead to repressed feelings
- Unsatisfactory sex life
- Spouses who reconnect with ex-lovers
- Financial problems
- One spouse committing family violence, drug abuse, sexual abuse, and/or neglect of spouse and children.
- Spouses who have huge problems with in-laws
- Cheating and infidelity
- Both couples finding out that the marriage is not working anymore
Various couples also have an amicable separation or divorce if both agree and accept that their relationship failed. However, if separated or divorced couples can’t accept parenting arrangements, the court may refer them to a family law parenting program like a post-separation program.
Family Law Parenting Program: Post-Separation Program
A post-separation program helps parents understand the importance of complying with parenting orders. Parenting orders are legally binding orders that set out parenting arrangements that are made through consent or court hearings. According to the Family Law Act 1975, a post-separation program is a program:
- Designed to help parents who have problems to resolve their disputes about carrying out their parental responsibilities. These programs typically contain family counsellors or other qualified professionals who conduct counselling services and/or teaching techniques.
- That contains lectures, activities, and discussions for disputed couples. Sometimes, the disputed couples will join group activities with other disputed couples as well. Family counsellors and alternative family dispute resolution practitioners (AFDRPs) provide services in parenting programs.
- That is provided by an organisation that meets conditions under Section 65LB. These conditions are set out below.
Section 65LB: Conditions for Providers of Post-separation Programs
How does a post-separation program meet the conditions of providing services for disputed parents? Post-separation programs need the approval to receive funds from the Minister. Courts usually fund the usage of a family law parenting program like a post-separation program if they decide that it’s necessary to do so. The Minister may still approve funding for parenting program providers who are acting on behalf of other providers.
Parenting Programs Under the Family Law Act
1. Parenting Orders Programs
In some divorce cases, parents will often face disputes while making parenting arrangements. They may have to approach family courts for final decisions. After a hearing, courts will then draft final parenting orders that both parties need to comply with. However, even if these parenting orders are legally binding, some parents still fail to comply with them. Parenting Orders Programs can help separated/divorced parents:
- Realise how their conflict affects children;
- Support their relationship with the other parent in order to achieve what’s required in the parenting order;
- Work out arrangements that allow the child to equally spend time with his/her parents, relatives, and other significant people in their life;
- Attend therapeutic support and psycho-educational group work; and
- Focus on the child’s best interests and needs instead of theirs.
A family law parenting program like a parenting orders programs focuses on the child’s best interests. Section 60CC of the Family Law Act states the two primary considerations of the child’s best interests.
Firstly, children have the right to spend substantial and significant time with their parents, relatives, grandparents, and even close friends. Secondly, children should not experience family violence, abuse, or neglect.
2. Post-separation Cooperative Parenting Services
Some parents are not oblivious to the effects of their divorce and separation on their children. Indeed, divorce and separation take a toll on a child’s emotional, mental, and physical health and a lot of parents acknowledge this. However, some parents think that there is nothing they can do about it.
A family law parenting program like post-separation cooperative parenting services can help separated/divorced parents find ways to help their child. Separated/divorced parents will need to take a one-day seminar for post-separation cooperative services. This parenting program will then offer further counselling and support after the seminar.
Confidentiality
Everything a parent discloses during either type of program is confidential. However, family counsellors and AFDRPs have the duty and obligation to report any instances of child abuse or family violence. Family counsellors and AFDRPs cannot keep information or evidence that can endanger one’s life or health.
Family Law Parenting Program: Case Example
In the case of Lendrum and Carriel (2010), there were already original parenting orders that the court made for Ms Carriel and Mr Lendrum on June 5, 2007. Their only child (X) has lived with the father and X has spent unsupervised regular time with Ms Carriel. However, it was found that the mother did not disclose that she had a history of drug addiction and alcohol use during the 2007 hearing.
In November 2009, Mr Lendrum stated that he saw Ms Carriel with dilated pupils along with very “jerky” movements. In February 2010, Ms Carriel was rushed to the hospital because of stomach pain and was administered Codalgin Forte. Why? The mother was taking opiates as shown in her test results. The positive drug test results attached to the Mother’s affidavit reveal the use of Valium:
- From October 1-7 2009
- February 26, 2010
- March 4 and 8, 2010
The Court’s Conclusion
The family court considered that both parents will attend a family law parenting program which is a post-separation program. This will help Mr Lendrum and Ms Carriel understand the effects of their bitter relationship with X. However, the court instead instructed Ms Carriel to also undergo a therapy program for her to understand the impact of her drug addiction on X.
Importance of Seeking Legal Advice From Family Lawyers
Parenting programs are extremely helpful for parents who are having disputes about parenting orders and if they feel lost in helping their child. JB Solicitors’ family lawyers offer alternative dispute resolution methods like mediation to help parents understand their child’s best interests.
Our mediation session results are also legally binding, fair, and just for all parties. Contact a family lawyer today to know more about the family law parenting program.
