Legislation qld Australia: Parenting of Your Children

The principals in the legislation QLD are summarised as follows:

“The law will take the view that parenting is a responsibility which should be shared and, in most cases, parents will need to consult and agree on the major of issues affecting their children.” “Where both parents share responsibility, consideration will also be given to the children spending equal or at least substantial time with both parents providing that this is practical and not contrary to the best interests of the child.” The changes to the legislation qld were designed to support and promote shared parenting and to encourage people to reach an agreement about parenting children after separation. Changes made were to encourage parents to take responsibility for resolving disputes themselves and not in an adversarial manner.

Family Relationships Centres where parties are able to mediate matters relating to the parenting of their children were established in the Brisbane area. There are a number of Family Relationship Centres in Brisbane. When determining parenting matters, the parties must first attend a mediation to try and resolve parenting issues before filing proceedings in the Family Court unless there are urgent matters requiring attention or where there are serious welfare matters regarding children.

In such cases, Courts may hear applications in regard to the parenting of children without the parties attending mediation. Mediation can take place in organisations such as Relationships Australia. There will be fees associated with this.

The mediator will issue a section 60 I certificate confirming that mediation had been appointed giving details of the mediation. This certificate must be filed with the Court when proceedings are instituted unless there is some urgency regarding the children. A Court will not hear a parenting application without a certificate being filed with the Court.