Three Guidelines to Follow when Applying for Parenting Orders
When people get married, they hope that marriage will lead to many years of peaceful family life. However, differences happen during the marriage, and at times, they could be irreconcilable. If your marriage situation has reached a point where you cannot resolve your differences, and there are issues like verbal abuse, violence and neglect involved, it is time to think about separation. Separation is not an easy decision to make, especially when there are children involved. At times, one or both parents could be tempted to use a child as leverage to get to the other person. Fortunately, laws exist to protect children from these harsh circumstances. Here are guidelines to follow when dealing with parental responsibility and to apply for parenting orders after a divorce.
The Family Dispute Resolution Conference
The first step you are supposed to take, even before you are allowed to go to court over parental orders, is to participate in important pre-action procedures. These processes include attending a family dispute resolution conference. This measure has been put in place to make sure that the differences which can be resolved out of court get a solution. However, if there is a history of violence in the home, you may not be needed by the law to follow these pre-action measures before going to court.
The Orders to Apply For
The second step in the process is determining the orders which you can apply for. Parenting orders deal with issues such as who your children will live with, how much time your children will spend with you, your spouse and your grandparents, how children will communicate with each of their parents and other factors that affect their development and welfare. It is essential to involve a competent family lawyer during this part of the process. They will know how to articulate the terms of the orders correctly to avoid loopholes and confusion.
When an Order has Been Breached
Some parents do not have a hard time following through with parental agreements. However, others need a little reminder from time to time. If your spouse is not honouring their end of the agreement, you can go directly to court without having to revisit dispute resolution.
Family law and divorce attorneys are the best people to handle divorce processes and the problems that result. They have a good understanding of the steps followed and will help you get the best outcome. It is advisable to take time and get a family law attorney before starting a case.
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