Navigating Complex Parenting Matters in Family Law: Stormy Seas, Steady Course – a recorded lunchtime online conference

Session 1: Saying Goodbye to ‘Shared Parental Responsibility’: Are Better Days Ahead?

The Family Law Amendment Bill 2023 introduces sweeping changes to the way in which parenting matters are determined by the Court. This practical session explores the key changes and how they will impact future parenting matters, including:

• Prioritising children’s safety concerns in parenting matters
• Ending the presumption of ‘shared parental responsibility’
• Understanding the new factors – what do they mean in practice?
• How will a child’s views be given greater prominence?
• The ongoing role of independent children’s lawyers

Session 2: Safety Concerns and Parental Capacity: Revisiting ‘Re Andrews’ in Light of Keane

The ‘Re Andrews principle’ suggests that the capacity of a parent to provide care to their child is impaired when that parent raises safety concerns from the child spending time with the other parent and the court subsequently orders this to occur. In recent years, the application of this principle has been expressed in a variety of ways creating confusion and inconsistency across the profession. This session will examine the following:

• The cases which have applied the Re Andrews principle and analyse the relevant facts which impacted the application of the principle in each case
• How the issue was discussed, and the guidance provided, by the Full Court in Keane & Keane [2021] FamCAFC 1
• Practical tips and insights into what practitioners should do when faced with this scenario in their matters including what to do when a judge appears to be incorrectly applying the principle

Session 3: Best Intentions in Parenting Plans and Consent Orders

It is often with the best intentions that separated parents set out to negotiate arrangements concerning their children, but the devil lies in the detail as to whether these arrangements can be workable, sufficiently flexible to cope with life’s vagaries and, in the end, enforceable. This session will provide a guide to practitioners to drafting thorough and workable parenting consent orders, including:

• Parenting plan, consent orders or both – balancing the pro’s and con’s
• Determining what should and should not be in a parenting order – is it all up for grabs?
• Clarifying your client’s wants, needs and the bottom line
• What are the characteristics of  “good” parenting arrangements?
• How detailed do the arrangements need to be?
• Drafting tips for logical, clear and practical orders
• Key matters for drafters:
• the major issues to be addressed
• are there any particular problems? Safety and risk considerations
• taking the ages of the children into account
• is it possible to future proof the orders?
• can and should orders extend to moderating behaviour and emotions?
• Drafting aids – calendars, timetables and maps
• Tips for negotiation and managing client’s emotions
• At what point do consent orders become unworkable?