As the Christmas school holidays approach, separated parents often face the challenge of establishing parenting arrangements.
If you and your former partner cannot reach an agreement, it may be necessary to apply for parenting orders from the Federal Circuit and Family Court of Australia (FCFCOA).
To facilitate timely decisions, the FCFCOA sets a deadline for applications at 4 p.m. on the second Friday of November each year. For 2024, this deadline falls on November 8th.
The Importance of Early Planning
With the Christmas school holiday period running for six to eight weeks, planning your child’s holiday can be complex.
Issues such as school dates, the division of school holiday time spent with each parent, special occasions such as Christmas, travel plans, and what activities the child will participate in all need to be decided, along with other practical matters such as timings and changeover procedures. It’s essential to begin this process early to avoid unnecessary complications.
Pre-Action Procedures
While it’s not always possible for parents to reach agreement on parenting arrangements without court intervention, the Federal Circuit and Family Court of Australia (FCFCOA) requires parents to undertake certain pre-action procedures before an application for parenting orders can be made.
The system is designed to encourage parents to make a genuine attempt to resolve matters between themselves before resorting to the intervention of the court, with tools and processes in place to support families to reach satisfactory resolutions.
It is a legislative requirement that parties must obtain a Section 60I Certificate, otherwise known as a ‘Mediation Certificate’, prior to filing parenting applications with the court.
This certificate is obtained through participation in mediation with a qualified family dispute resolution (FDR) practitioner.
In ideal scenarios, the FDR process will assist parties to reach a satisfactory resolution, leading them to enter into a parenting plan or apply for consent orders.
However, even if unsuccessful in resolving matters, the FDR process is also intended to help identify which issues are the main sticking points preventing agreement going forward.
Taking Further Action
If matters remain unresolved after FDR mediation, an application for parenting orders with the FCFCOA may be necessary.
Due to the overwhelming number of applications made each year and the need for resolution prior to the Christmas period, the FCFCOA sets the deadline for applications at 4 p.m. on the second Friday of November each year. Any applications submitted after this date are likely to be heard after Christmas.
There are certain exceptions to both the application deadline and the Section 60I Certificate requirement.
These include cases where there are safety concerns, where there are urgent time-related considerations, or other considerations deemed relevant by the court.
In all cases, the best interests of the child will be the primary consideration in any parenting order application.
If parenting orders are made by the court, they’re legally enforceable with potentially serious consequences for non-compliance.
How We Can Help
At any stage of the process of making parenting arrangements, Capelin Law can help you through the process.
Our knowledgeable and experienced lawyers can advise you on your rights, facilitate negotiations with your former partner, or assist with making applications to the court.
For a confidential, no-obligation discussion, contact us today.
