The biggest mistakes in disputes over parenting arrangements involve prioritising parental conflict over the child’s needs and failing to address safety risks. The core complication is that the court’s primary focus is the child’s best interests, which often conflicts with the emotional goals of the parents.

Prioritising conflict over the child

Under section 102NE, the court must consider the needs of the child and the impact the proceedings may have on them. In practice, parents who treat the process as a win-lose battle often overlook how their conduct affects the child, which the court views critically.

Ignoring family violence risks

Section 60CG requires the court to ensure that any order is consistent with family violence orders and does not expose a person to an unacceptable risk of family violence. Failing to honestly address these risks can result in orders that are unsafe or legally unsustainable.

Skipping required dispute resolution steps

Under section 60J, if you are exempt from dispute resolution due to abuse or violence, you must generally provide written indication that you have received information about available services and options. Neglecting this step may prevent the court from hearing your application unless there is an immediate risk of abuse or violence.

Expecting rigid formality or delay

Section 102NE dictates that proceedings should be conducted without undue delay and with as little formality and legal technicality as possible. Attempting to stall the process or insist on overly formal procedures usually runs contrary to the court’s goal of efficient management.

The cooperative parenting paradox

The court is directed under section 102NE to promote cooperative and child-focused parenting. In high-conflict matters, the practical difficulty lies in attempting to foster this cooperation while simultaneously safeguarding the parties from family violence.

Questions to consider

• How is the current conflict specifically impacting my child’s well-being and development?
• What practical safeguards are necessary to ensure the safety of the child and myself during spending time?
• If I am avoiding dispute resolution, have I met the written requirements under section 60J to ensure my application can be heard?

This information is general in nature and does not constitute legal
advice. For advice specific to your situation, contact JB Solicitors.