A sample parenting plan intended to be submitted to the (then) Federal Magistrates Court, which includes shared parenting on an equal time basis for 2 children.
This parenting plan was quickly changed from 3 days on/off to 7 days on/off which is a MUCH better situation for the kids.
Also this plan has a number of unhelpful point scoring items in it from one of the parents that clearly is not in the children’s best interests.
Source: Ian Kennedy AM, Chairman, Family Law Section, Law Council of Australia. National Access to Justice and Pro Bono Conference 11-12 August 2006, Melbourne. Presentation: “Family Relationship Centres”
This is a sample Australian (but New South Wales based) pre-nuptial agreement created in Microsoft Word and provided as a PDF file.
It makes references to NSW Courts and legislation, making it NSW-centric.
It is estimated to have been created on or about 2007.
The Carer Information Pack is free and it provides practical information to support carers in their caring role.
The packs also contain an Emergency Care Plan and a form for recording medication requirements. These are available for download in PDF formats.
This is an actual family law affidavit as presented to the Federal Magistrates Court by the applicant father. All personalised information, including relevant names, addresses and other personal information have been removed.
This affidavit was prepared by the said father, with the help of his solicitor, and is inclusive of the orders that the father sought the Court to make.
Family Law Express make no representation about the outcome of this affidavit, but we do ask the reader to look closely at the information contained, the brevity of the document, the information the affidavit chose to highlight.
Divorce and separation are painful for everyone involved–particularly children. At this challenging time children need support, love and contact with both parents.
Some certainty about the future is also very important for everyone. A written parenting plan, worked out between parents, will help clarify the arrangements you need to put in place to care for your children. It will help everyone involved to know what is expected of them and it will be a valuable reference as time passes and circumstances change.
What is a parenting plan?
A parenting plan puts the best interests of the child first. It is drawn up in good will with a shared commitment to your children and their future firmly in mind.
A parenting plan is a written agreement between parents covering practical issues of parental responsibility.
Your plan will detail practical decisions about children’s care in such areas as:
- parenting style
- living arrangements
- health care
- emotional well-being.
A parenting plan is not legally enforceable; however it can have legal implications. See Parenting plans and the law (page 4).
What is not covered in a parenting plan?
A parenting plan does not cover how you intend to divide up your cash, home and assets. This is called a Property Settlement and you should discuss these matters with a lawyer.
Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness. The Statutory Declarations Act 1959 governs the use of statutory declarations in matters involving the law of the Australian Commonwealth, Australian Capital Territory, and other territories but not including the Northern Territory.
Any person within the jurisdiction of this law may make a statutory declaration in relation to any matter. The declaration may be used in connection with matters of law, including judicial proceedings, but what weight is given to the declaration is a matter for the judge to decide.
Statutory declarations must be made in a prescribed form and witnessed by a person as specified in the Statutory Declarations Regulations (1993). Prescribed witnesses include legal and medical practitioners, Justices of the Peace, notary police officers, military officers, registered members of certain professional organisations (i.e. National Tax Accountant’s Association and Institution of Engineers Australia), and certain other Commonwealth employees.
Intentionally making a false statement as a statutory declaration is a crime equivalent to perjury, and punishable by fines and/or a prison sentence of up to 4 years.
The states of Australia each have their own laws regarding statutory declarations.
This kit can be used to apply for consent orders about:
- the care, welfare and development of your children (known as parenting orders);
- the division of property or maintenance for a spouse or former spouse/de facto partner (known as spouse or de facto partner maintenance).
A Will is generally a formal written and signed statement, which provides for the distribution of a person’s property and assets, to take effect on that person’s death.
Did you know?
- A significant number of persons who die in Australia each year, do so without having left a Will.
- Many Wills drawn up during a person’s lifetime do not reflect the testator’s current wishes.
- Many people incorrectly believe that Wills are necessary only for the wealthy.
- Making a Will is not an expensive process.
- Your assets may be worth more than you realise.
Why make a Will?
Making a Will is the only way to ensure that a lifetime’s work is passed on to the people you choose. It provides security for those who are close to you and for those you are responsible for, and may avoid unnecessary difficulties upon your death.
Your Will may be used to provide for the guardians of your children (under 18 year olds) and to arrange for their maintenance and education.
Should you die without a Will (intestate) your estate may be divided according to a Government formula (the laws of intestacy) – a formula that may not reflect your wishes, and which may cause undue hardship, cost and delay for your family.
Why a Will is important
Making a Will is a specialised task, often requiring consideration of complex financial, legal and tax issues to ensure that your estate is distributed in accordance with your wishes.