Have You Worked Out Your Parenting Arrangements Over the Holiday Period?
As the Christmas period approaches, many are looking forward to the time off from work to spend with family and loved ones. Unfortunately, for those who have recently undergone a separation or divorce, it can be a challenging time of navigating boundaries and arrangements for issues like care of children, overseas travel, and other family-related matters.
Try to Resolve Potential Conflicts Early
In these cases, it is always best to begin planning and pre-empt possible conflicts before they arise. This will be best for your children, as effectively you will be shielding them from arguments or legal proceedings in the holiday period. If you and your ex-partner find the chance to communicate expectations and desires in order to reach a compromise before the holiday period arrives, this will ensure that both parties and any children can enjoy the Christmas break free of disruption.
What if there is a disagreement which we can’t reconcile?
Sometimes, due to the nature of a separation, it may be hard to communicate with an ex-partner in order to try and achieve any agreeable outcome Whether it is due to concerns for personal safety or any lingering ill will on either end of the relationship, in these situations it may be necessary to apply for legal assistance. Unfortunately, the courts tend to be very busy in the leadup to the holiday period and it may be near impossible to secure a court date before the Christmas and New Year period.
A potential alternative in this situation could be to consult with a solicitor and have them mediate a discussion with your ex-partner, so that conversation is always focused on outcomes which are best for any children involved.
What are the other possibilities?
If a face-to-face meeting is not a viable option, you may instead wish to hire a solicitor to manage correspondence with your ex-partner, or a solicitor whom they have hired. This may be an effective avenue to achieve equitable negotiations and arrive at an outcome which benefits all parties. An experienced solicitor will be able to provide practical advice so that you and your partner understand all the options.
What if my partner wants to arrange for overseas travel with our children?
If your children do not have a current passport, then the relevant passport application must be signed off by both members of the separated relationship.
If the non-travelling parent does not wish to provide their signature for any reason – either out of concerns for the child’s safety or for personal reservations, then you may want to seek legal advice and prepare an application to the Family Court or to the Federal Circuit Court.
These courts both have the authority to order the non-travelling parent to sign a passport application, or to rule that in this circumstance that the non-travelling parent’s signature is unnecessary. In these determinations, the court will consider and judge based on the best interest of your child.
So that overseas travel does not become a dispute near the holiday period, it is best if possible to outline provisions and expectations early on, so that each party understand how and when they can travel with the child.
If international travel with your children will prove to be an issue in this holiday period, or if you foresee any other possible conflicts arising due to a recent separation, our lawyers at Coleman Greig’s Family Law team or Coleman Greig’s Family Law Accredited Specialists will be happy to help. Please do not hesitate to contact us today.
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