Section 63B Family Law Act encourages parents to reach an agreement in parenting matters. When parents separate or divorce, children are left in a situation where they don’t know who to go to. Indeed, divorced or separated parents will argue about who gets custody of the child. Moreover, they will also argue about child support arrangements and how to arrange the payments.
Parents think that the surefire way of solving these matters is by going to family courts. However, courts encourage that parents first reach an agreement before anything else. Reaching an agreement means that divorced or separated parents considered the child’s best interests. This article will discuss Section 63B Family Law Act 1975.
Section 63B family Law Act: The Legislation Prioritises Children
Australian law prioritises children’s rights over the parent’s in family law proceedings. Courts make numerous rulings that have an impact on children, including custody, security, parenting plans, and termination of parental authority. Anytime a court issues these orders, judges must consider if the decision will:
Protect the child from physical, emotional, or mental abuse;
Ensure that the child will have a meaningful relationship with their parents;
Make sure that children receive proper parenting; and
Make sure that parents will meet their responsibilities in raising their children.
Section 63B Family Law Act: How Can Parents Reach an Agreement?
This will entirely depend on the divorced parents’ relationship and their willingness to reach an agreement about parenting matters. Yet, some parents will feel entitled to make all the decisions since they feel that they are more capable.
Other parents may swallow their pride and create a parenting plan with the other parent instead. Section 63B Family Law Act also states that disputed parties will only consider court proceedings as a last resort. Courts will need to see that both parents made an effort in making agreements out of court.
Parenting Plans
Parenting plans are agreements that include visitation schedules and how to make long-term decisions for the child. This will require disputed parents to agree on having equal shared parental responsibility so they can make fair and just decisions. Parenting plans will require a judge’s review and signature in order to make them legally binding.
Judges will also need the consent of both parents through consent orders. Only then will the parenting plan become a court order. If a parent intentionally breaches a court order, they may receive penalties depending on the gravity of their offence. Hence, it’s important that divorced or separated parents respect and follow court orders.
FAMILY LAW ACT 1975 – SECT 63B
Parents encouraged to reach agreement
The parents of a child are encouraged:
(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 interests of the child as the paramount consideration.
Note: Parents are encouraged to reach an informal agreement between themselves about matters concerning their children by entering into a parenting plan. Parents who seek enforceable arrangements require court orders. These can be obtained by consent.
Alternative Dispute Resolution or Mediation
As mentioned, some parents will feel that only they are entitled to make all the decisions and refuse to listen to the other parent. Alternative dispute resolution (ADR) or mediation is another method that disputed parents can look into if disagreements continue.
This is a well-known method that enables disputed parties to explain their side. The mediator facilitates the discussion and creates an atmosphere such that both parties can freely voice out their concerns. Furthermore, this method won’t include judges, courts, or any legal proceedings to reach an agreement.
Instead, a third person will act as a mediator and help parents reach an amicable solution that suits their needs and interests. However, the mediator will still consider the child’s best interests in this method. JB Solicitors believes that every parent, regardless of the severity of the dispute, can come to an agreement.
Hence, our lawyers provide quality mediation services or family dispute resolution for these parties and help them focus on the child’s welfare. Our knowledge of family law can also help parties draft parenting plans in order to save more time and money.
Contact JB Solicitors today
