Larkins Parenting Plan

breaking-upThis book has been written to help you understand your legal rights after separation in the hope that you can get things sorted and finalised as painlessly and cheaply as possible.

Breaking Up will give you more information than you could ever get by having a consultation with a lawyer. Some lawyers might provide one free introductory appointment as a hook to get your business, but any subsequent appointments or telephone calls will be charged out at somewhere between $300 and $600 an hour – billed at six-minute intervals.

You’ll therefore feel a powerful compulsion to keep your meetings and calls short, which means you’ll invariably be left with many questions unanswered. Questions like: ‘What’s the best way for me to get my kids through this?’ and ‘Why are you telling me to settle out of court when I’ll lose the chance to prove I’m right?’ and ‘How come the house is in my name but her lawyer is demanding 50 per cent?’ and ‘Why am I only being offered the kids on weekends when the law says I can have them 50/50?’

Source: Breaking Up: A Self-Help Guide to the Courts and the Law, Robert Larkins, Viking/Penguin, Melbourne, 2011

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Sample Parenting Plan

The following sample parenting plan is a dated US based plan, and the terminology reflects this.

It does however refer to some important and relevant parenting issues, and provides a helpful tabular schedule at the end of the plan.

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Mullens Plan (Example, Australia, NSW 1997)

This parent plans referred to as the Mullens Plan was prepared in 1997 in Australia, so some of its its terminology is somewhat dated however it is still as helpful sample document as it covers much of the issues generally needing clarification in a parenting plan.

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Family Report Example – Morgan 2008

family_psychologyAttached is an example copy (PDF) of a Family Report. It is composite of several documents, including several introductory sheets and a resume of the report writer.

Every case is different, but it can be useful to see examples of mediations, parenting plans, orders, affidavits, family reports, etc. Seeing examples and samples can help demystify, in some small measure, the procedures and the processes. And from this a person can get an idea of some of the issues covered and to consider in how they behave and how they develop their own case.

All names, places, dates and other identifying information have been changed in the attached.

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Family Report Example – Fraser 2008

family_psychologyAttached is an example copy (PDF) of a Family Report. It is composite of several documents, including several introductory sheets and a resume of the report writer.

Every case is different, but it can be useful to see examples of mediations, parenting plans, orders, affidavits, family reports, etc. Seeing examples and samples can help demystify, in some small measure, the procedures and the processes. And from this a person can get an idea of some of the issues covered and to consider in how they behave and how they develop their own case.

All names, places, dates and other identifying information have been changed in the attached.

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Sample Subpoena – Medical Practitioner

stethoscopeThis is a real subpoena, successfully submitted to request copies of medical records from a medical practitioner for the wife. [Only the names and other personal details have been changed]

The father in this case was a self-represented litigant, and issued the subpoena during litigation within the Family Law Division of the Federal Magistrates Court.

Take particular notice to the language used to describe the records sought. The documents sought are expansive in order to get as wide a selection of records as possible.

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Sample Subpoena – Medicare

medicareThis is a real subpoena, successfully submitted to request copies of Medicare records for the wife and the child. [Only the names and other personal details have been changed]

The father in this case was a self-represented litigant, and issued the subpoena during litigation within the Family Law Division of the Federal Magistrates Court.

Take particular notice to the language used to describe the records sought. The documents sought were deliberately defined as “all items”, in order to get as wide a selection of records as possible.

 

 

 

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Sample Character Reference 2

Slater_and_gordonWhen appearing before the Court for alleged offences, presenting character references may help the Court appreciate your unique situation and the context in which you committed the alleged offences.

It is important that your character references are original and thoughtful to demonstrate to the Court that someone has taken the time and effort to write a document that reflects their considered and informed view of you.

Examples of people who can provide a character reference include:

  • Anyone who knows you well
  • An employer
  • An old family friend
  • A family member
  • Your priest
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Sample Character Reference

Slater_and_gordonWhen appearing before the Court for alleged offences, presenting character references may help the Court appreciate your unique situation and the context in which you committed the alleged offences.

It is important that your character references are original and thoughtful to demonstrate to the Court that someone has taken the time and effort to write a document that reflects their considered and informed view of you.

Examples of people who can provide a character reference include:

  • Anyone who knows you well
  • An employer
  • An old family friend
  • A family member
  • Your priest
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Affidavit of father seeking final order for equal or substantial time with child

gavelThis is an example parenting order from a father requesting equal or substantial time with his child.

A parenting order is the decision of the Court on matters that the parents could not decide themselves.

However, for the Court to decide these matters, it requires each of the parents to prepare a document of ‘requested’ parenting orders that is handed to the Court.

In making a decision on which parenting orders to make, the Court will be able to review and reflect on the parenting items requested by each of the parents (and sometimes by other third parties like an Independent Children’s Lawyer).

Parenting Orders typically contain details on:

  • when child will live/see each parent
  • what school the child will go to
  • what extra-curricular activities the child will engage in
  • and many other longer-term arrangements
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