How can we help?
SCALES can provide legal information and advice about family law matters.
Our family law service provides advice and assistance about divorce and separation and care arrangements for children.
Priority is given to making arrangements for children. We can provide advice and assistance on both parenting orders and more informal parenting plans. We can offer advice on challenging parenting orders, what to do when one party has breached parenting orders and help with drafting parenting plans.
We do not offer assistance on property settlements, spousal maintenance or child support matters.
If a matter involves domestic, family or sexual violence then our Family Violence Unit may be able to assist. If this is the case, please proceed to the “Family Violence” tab of this site.
Parenting Arrangements
Depending on your circumstances, there are three potential ways to make legal arrangements for your children; parenting plans, consent orders and parenting orders. SCALES can assist with all three and can provide advice on what is the most appropriate course of action for each particular family depending on their situation.
Parenting Plans
A parenting plan is simply an informal agreement between both parents (or other involved parties, i.e. grandparents) regarding where children should live and how they spend time with each parent. Unlike other arrangements, parenting plans can be easily changed provided both parties are in agreement. For more information about parenting plans visit the Legal Aid website, the Family Court website or make an appointment with us. Alternatively, follow this guide to start working on your parenting plan.
Consent Orders
Like parenting plans, if both parties are in agreement regarding parenting arrangements they may wish to enter into consent orders. Unlike parenting plans however, consent orders are a binding agreement that is lodged with the Family Court. To obtain this order both parties must fill out a detailed form which will be reviewed by the court to determine if the proposed plan is in the best interest of the child/children. You can proceed to the Family Court website for more information. Either SCALES, a similar legal service or a private lawyer can assist you with filling out the form or give advice on your case.
Parenting Orders
If you and your former partner are unable to agree on parenting matters then the Court’s assistance may be required. Parenting orders are made by the Family Court and are legally binding. The Court will determine what is in the best interests of the children.
Usually parties need to attempt family dispute resolution before approaching the Family Court for assistance. There are some situations where family dispute resolution is not appropriate and parties may qualify for an exemption to attend family dispute resolution.