Hi there. It sounds like you are in a difficult situation. You can negotiate parenting arrangements with your partner regarding your child. You can make a ‘parenting plan’, which is a written agreement that sets out parenting arrangements. The plan can specify who has custody of the child and for what periods of time, visitation rights, and anything else you want to put in writing about how your child will be parented. You can make this plan without having to go to court. However, this means that the parenting order is not legally enforceable (i.e. neither parent is legally required to comply with the plan).

Another option is to obtain a ‘consent order’ that has been approved by a court. This is a written agreement that specifies parenting arrangements regarding your child. A court will only approve a consent order if the orders you seek are in the best interests of the child. A consent order would make your parenting arrangement legally binding.

If you are not able to reach an agreement with your partner about parenting arrangements, you can apply to court for a ‘parenting order’ This is a court order that may specify who the child will live with, how much time the child will spend with each parent, the allocation of parental responsibility and any other aspect of the child’s care and welfare. The court will make its decision based on the principle that each parent has parental responsibility for the child until it reaches 18 years, and that the parenting arrangements must be in the best interests of the child. Both parents must comply with the parenting order made by the court. Penalties apply if a parenting order is breached.

Suggested way forward

Negotiating a parenting arrangement with your partner is the simplest way forward, but this may not be practicable. You can apply to court for a parenting order but you may want to consider first speaking to a family lawyer who can fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.