When you are experiencing legal separation, it can feel impossible to keep parenting on track. You might not see eye to eye, and every discussion could turn into an argument.
Still, even when communication breaks down, parents are expected to put their children's needs first. If you are going through legal separation and communication is strained, you do have options to help you resolve parenting disputes.
Below you will find clear answers about what steps you can take to protect your children and your rights.
Does Legal Separation Affect Parenting Responsibilities if We Can't Communicate?
During legal separation, your parenting responsibilities do not automatically change. Australian family law focuses on what is in the best interests of the child. Even if you and your former partner cannot talk without conflict, both of you still have parental responsibility.
This means you are both still expected to make important decisions for your children, including health, schooling, and religion.
If you cannot agree, you may need to formalise arrangements. A Parenting Plan or Consent Orders can record the agreements you make. If you cannot agree at all, you can apply to the Family Court or Federal Circuit and Family Court of Australia to have decisions made for you.
Courts look carefully at whether each parent encourages a healthy relationship with the other parent, even when communication has broken down.
Keep in mind that legal separation itself does not remove your obligations. You must still follow any parenting orders already in place, and you must take reasonable steps to communicate respectfully about your children.
What Legal Steps Can I Take When Parenting Disputes Escalate During Legal Separation?
When you are in legal separation and disputes are getting worse, you have a few options to consider. First, you should try to resolve issues without court, as this is usually less stressful for children.
If direct discussions are too heated, you can use family dispute resolution. This is a process where a neutral professional helps you talk through problems.
If family dispute resolution does not work, or if there are urgent concerns like family violence or risk to a child, you can apply to the Court. The Court can make interim and final parenting orders that set out who the children live with and how much time they spend with each parent.
You may also seek legal advice to understand what steps you can safely take. During legal separation, it is important to keep records of all communication and any incidents that show why agreements are not working. These records can be valuable if you must apply for court orders.
Read Also: How Long Do Consent Orders Take in Australia?
Can Mediation Help Resolve Parenting Conflicts in Legal Separation Situations?
Mediation, also called family dispute resolution, is a helpful tool during legal separation. Many parents find that having a trained mediator makes it easier to stay focused on solutions rather than blame. In most cases, you must attempt mediation before applying to the Court for parenting orders.
In mediation, both parents are encouraged to share their concerns and think about practical arrangements that meet their children's needs. The mediator does not take sides or force you to agree.
If you do reach an agreement, you can record your decisions in a Parenting Plan or apply to have them made into Consent Orders, which are legally enforceable.
If mediation is not suitable, such as when there is family violence or a risk to safety, you can request an exemption and go directly to court. Even so, many separating couples find mediation helps reduce tension and makes it easier to set clear expectations.
How Do Courts Decide Parenting Arrangements When Legal Separation Leads to Ongoing Disputes?
When disputes continue and there is no other way to resolve them, the Court can step in to make decisions. During legal separation, the Court will always focus on what is best for the child. It does not automatically favour one parent over the other.
The judge will look at:
- The benefit to the child of having a meaningful relationship with both parents.
- The need to protect the child from harm or exposure to family violence.
- Each parent's ability to provide for the child's emotional and physical needs.
- Any views expressed by the child, depending on their age and maturity.
- The history of care and involvement from each parent.
The Court can make detailed orders about where the child will live, how much time they spend with each parent, and how decisions will be made. These orders are binding, and failing to follow them can lead to serious consequences.
It is wise to seek advice early, so you understand your options and what evidence you will need if the dispute cannot be settled outside of court.
Read Also: What's the Difference Between Mediation and Conciliation?
What Evidence Should I Gather to Protect My Rights During Parenting Disputes and Legal Separation?
If you are in legal separation and facing parenting disputes, keeping good records can help protect your rights and show your commitment to your children's wellbeing. Some examples of evidence you may need include:
- Copies of text messages, emails, and letters between you and the other parent.
- Notes about conversations or incidents, including dates and times.
- Reports from teachers, doctors, or counsellors about your children's needs.
- Evidence of any agreements made, such as Parenting Plans or written proposals.
- Records of child support payments or financial contributions.
It is also helpful to document any concerns about safety, such as family violence or neglect. If you believe your child is at risk, you should contact the police or child protection services straight away.
Gathering clear evidence will make it easier to demonstrate to the Court why certain arrangements are in your children's best interests. It also shows that you are organised and committed to resolving disputes responsibly.
Standing Strong for Your Children
Parenting disputes during legal separation can feel overwhelming, especially when communication has broken down. Still, you are not alone. With the right support, you can take steps to protect your children's wellbeing and maintain your rights.
Whether you are considering mediation, preparing for court, or simply looking for a way to keep conversations civil, it is important to stay focused on what matters most: providing your children with stability, care, and love.
Need Professional Guidance? Let Justice Family Lawyers Help
Are you worried about how legal separation will affect your parenting arrangements? Justice Family Lawyers is here to support you every step of the way. Our experienced team understands the pressures that come with parenting disputes and can help you find the best path forward.
We offer clear, compassionate advice and strong representation when you need it most. Call us today to book a confidential consultation and learn how we can help protect your rights and your family's wellbeing.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.