21 Jan Comprehensive Parenting Orders
“We can sort out those details later” – famous last words spoken by several of our clients in the past. Nothing should really be left to chance or later agreement when parenting arrangements are being documented.
Firstly, once an Order is made, that is usually “it” in terms of final arrangements. It is rare that a party is successful in seeking to reopen a parenting case simply because something was left out or they changed their mind about a specific component of the Orders.
It is therefore prudent to ensure the Orders are right the first time.
Unless there has been a substantial change in circumstances, pursuant to long standing case law, a Court will be reluctant to entertain any variation to a parenting Order made on a final basis, whether by consent or at the conclusion of a final hearing where a Judge has decided the outcome.
Orders should make provision for birthdays, Mother’s and Father’s Day, Christmas, Easter and other special occasions. Our precedent parenting orders have been developed over many years and have been crafted in such a way as to address prior mistakes clients have made in leaving something to be arranged after the fact.
If there is an intention to travel overseas with children, then this should also be carefully documented in the Orders so as there is less likelihood of further disputes.