Separated parents – can’t reach an agreement?
Is the agreement you reached no longer working? Or are you just needing some advice on care and contact arrangements with your children?
Have you got questions like who will our children live with? How often will they see the other parent?
Sometimes the questions are around keeping your children safe.
We know this can be a very distressing time for you. Come and have a chat with us about what we can do to help.
Making a without notice application for a Parenting Order
Your circumstances might be urgent. We can talk you through the process of making an urgent application to the Court.
Where your children are at serious risk of harm, serious risk of personal safety or undue hardship, you can make urgent applications to the Family Court. Don’t worry, after talking with you about your circumstances, we will let you know whether this avenue into the Family Court is available to you. These applications will mean a Judge looks at your case urgently and may make an Interim Order on who the children live with and how contact with the other parent looks straight away. A lawyer for your child or children may also be appointed. Legal aid may be available to you. Have a chat with us about whether you qualify or take a look at the Ministry of Justice website.
Making an on-notice application for a Parenting Order
Sometimes your circumstances don’t meet the threshold to make an urgent application, but you still need an agreement in place around the care and contact of the children. There is a mandatory course called Parenting Through Separation that you will need to attend prior to making an on-notice application to the Family Court.
There is also a mediation process called Family Dispute Resolution that is mandatory. Sometimes one party does not want to attend this, or family dispute resolution is not appropriate, and you can get an exemption. We can talk to you about this and whether this applies to you.
Once you have completed the parenting through separation course, and family dispute resolution (or have an exemption) you can then make an application to the Family Court. In this case, it is unlikely that an Interim Order will be made straight away.
Family Legal Aid Service Advice may be available to you. This allows us to spend an hour talking to you prior to attending family dispute resolution about your options and what to expect, and an hour with you after to help you with making your application. Have a chat with us about whether you qualify or have a look at the Ministry of Justice website.
We are here to help you and your family through these situations. With a team of experienced and empathetic family lawers, you can count on us.
Contact us today on 06 758 7101 to make an appointment to discuss further.