Circumstances arise where orders or a Parenting Plan in place for the children are no longer suitable to the children’s circumstances. Such examples may be if the orders or Parenting Plan was created when the child was very young and they have now commenced schooling.
Once orders are in place, they are in place until the child reaches 18 but can be varied by consent (or further court order). A Parenting Plan is an informal agreement and can be varied as often as the parties choose.
Mediation can play a crucial role in modifying existing agreements. Here’s what you need to know:
- Mediation Process: Mediation is a facilitated negotiation process where parties, with the help of a neutral third party (the mediator), attempt to reach a mutually acceptable resolution to their disputes.
Mediation is required in all parenting matters prior to commencing court proceedings unless you meet one of the categories for exemption, such as if it is not safe to do so.
Successful mediation can lead to significant time and cost savings.
- Mediation Agreements: If agreement is reached at the mediation, the parties can enter into a Parenting Plan varying the existing orders or Parenting Plan, or enter into Consent Orders varying the current orders which are then filed with the Court.
- Enforceability: In order for any agreement reached at mediation to be binding, it is important that it be formalised by Consent Orders. As mentioned above, a Parenting Plan is an informal document and is not binding on either party.
If agreement is not reached and court proceedings are necessary, mediation is not a waste. Mediation is a very good tool to understand the issues for both parties leading into court proceedings. We recommend you always seek legal advice for your specific situation.
If you are considering mediation, it is important to speak to a family lawyer first. We have experienced solicitors in the Newcastle and the Central Coast area that can help you through your family law matter.
We offer a fixed fee initial consultation for $220. Simply Contact one of our friendly staff members to make an appointment.
