How do I obtain a time spending arrangement with my child?

Family Dispute Resolution (FDR) is a pre-action step required before commencing court proceedings, it is often referred to as mediation. Legal representation is not required for FDR, we do however recommend receiving legal advice in respect to gaining some foresight as to what the Federal Circuit & Family Court of Australia (the “FCFCOA”) will consider when determining what is in the child’s best interests.
It is important to remain child focused throughout the process of FDR.
Whilst we understand that having no contact with your child can be a distressing and emotional period, FDR must be participated in unless an exemption applies such as urgency, risk of harm to the child, or a history of family violence where it would not be appropriate to attend. In some circumstances, safety concerns can be mitigated by having a shuttle FDR where each of you are in separate rooms, or, by way of Telephone Dispute Resolution Service.
In the event that FDR has been unsuccessful (or where a party has not attended the FDR process), the next step is to commence proceedings in the FCFCOA seeking Parenting Orders. The FCFCOA will want to see that the parties have made a genuine attempt at resolving the issues in dispute prior to seeking its intervention and assistance. To demonstrate to the Court that this requirement has been complied with, you will be required to file and serve a Genuine Steps Certificate and the section 60i certificate (which will be issued to the parties, having participated in FDR).
The section 60i certificate has a lifespan of 12 months. It is our recommendation that all attempts to negotiate an outcome regarding the care of your children should be attempted in this 12 month period (if circumstances permit); proceeding to Court is a costly, protracted and an emotionally draining process.
Unless there are imminent safety concerns for your children, Court should be considered as your last resort.

A parenting plan is an informal agreement which can be updated and amended regularly. This document is not legally binding and enforceable and thus the Court cannot impose consequences if a party does not follow the agreement. It can however be relied upon to demonstrate the status quo of parenting arrangements if so required.
In the event that the parties can reach an agreement as to the care arrangements of the child, a Consent Order (Parenting) can be prepared and filed with the Court. The Court must consider whether the agreement reached is in the best interests of the child, which can be found at section 60CC of the Family Law Act 1975 (the “Act”). Following this, the Court will provide you with a sealed version of the Consent Order which is legally binding and enforceable.
In the event that all attempts to reach an agreement have been unsuccessful and a party has commenced proceedings seeking Parenting Orders, having regard to the Act, the FCFCOA will make Parenting Orders they consider to be in the best interests of the Child. The primary considerations of the FCFCOA are to support and promote a meaningful relationship between the child and both his or her parents, and to protect the child from harm.

Whether Consent Orders or Court Orders are in place they are legally binding and enforceable documents which of which compliance is expected.
As per section 70NAC(a) of the Act, parenting orders are contravened when a person bound by the order has intentionally failed to comply, or made no reasonable attempt to comply with the order.
It is not uncommon for a party to seek legal advice regarding the contravention of Parenting Orders due to family violence and safety concerns, children refusing to spend time with the other parent, conflict between the parties, the other parent’s complete disregard for the Parenting Orders, and the impracticability of the Orders.
If the FCFCOA makes a finding that the Orders have been contravened, it has the power to impose the following consequences:

• Vary the primary order;
• Order attendance a post separation parenting program;
• Provide make-up time for time lost with a child as a result of the contravention;
• Require entry into a bond;
• Make a costs order whereby the contravening party is to pay all or some of the legal costs of the other party;
• Order the payment to the other party of compensation for reasonable expenses lost as a result of the contravention;
• Require the participation in community service;
• order the party in contravention to pay a fine;
• In extreme circumstances – order the party in contravention to a sentence of imprisonment.

If you contravene the Orders, you are at risk of the other party filing a Contravention Application.
Unless the other party argues that there are safety concerns or the matter is urgent, Family Dispute Resolution should be the first step to allow the parties to attempt a negotiated outcome based on the child’s best interests. If this is not possible, a Contravention Application to the FCFCOA may need to be considered.
If a contravention Application is served on you, you will need to demonstrate to the Court that you had a reasonable excuse for contravening the Orders – such as an imminent threat to the child’s health and / or safety. The FCFCOA is the ultimate fact finder and decision maker, and will consider whether based on the circumstances and evidence before it, the contravention of the Orders was reasonable.
If you suspect that your child is in imminent danger, or has been abused or neglected during time spending with the other party, please contact the Child Abuse Report Line (CARL) on 131 478 and contact the Police to request a welfare check.