What you need to know in the Divorce Process - Parenting

Everyone must attempt Mediation through a Registered Family Dispute Resolution Practitioner (FDRP) or (Mediator) before going to the Family Court (FCFCOA).

Mediation

  • Allows both parties to find a solution that they both can work with and commit to
  • This process is Voluntary, Confidential, Respectful, Inadmissible (Court) and Mandatory Reporting
  • The Family Dispute Resolution Practitioner (FDRP) (Mediator) writes up the agreement for both parents to review

Parenting

  • Two types of Agreements
    • Agreement – the Mediator will type up what was agreed to by both parents
    • Plan – both parties sign and date the agreement

Lawyers can have the Parenting Plan converted into a Family Court Order and the Family Court Registrar will make an order that may or may not be based on the Parenting Plan.

The cost for a Mediator – Family Dispute Resolution Practitioner would typically be around $6-$10,000 per person.

The cost of a Lawyer and the Family Court Costs would be around $30 – $80,000 per person.

Things you need to consider with a parenting Agreement / Plan or a Family Court Order

Note: the needs of children change over time, and it is worth considering looking at around two years in advance not just today.

  1. The age of the children
    a. Birth – to School Age: the child needs frequent and short visitation with the other parent
    b. School Age – Secondary School: the child understands some routines
    c. Secondary School – 18 Years: the child can make decisions and the structure of Parenting
  2. Mental health – support or services that either or both Parents need
  3. Current arrangements
  4. What is the work-related situation of both Parents
  5. What decisions are made around special occasions
    a. Birthdays, (children, Parents and possibly significant others)
    b. Xmas, Easter, religious, international and education arrangements
    c. Play Groups, Childcare, Schooling
    d. Communication Levels for extra activities, sporting, sleep overs, and playdays
  6. Who will pick up and drop off the children, when, where and what time
  7. Costs: Clothing, Schooling (Books, Uniforms, Camps, Transport etc), Sporting, Equipment (music) extra activities
  8. What the children’s wishes are and support
  9. How will the parents communicate in the future
  10. What are the decisions that are in the best interest of the children?

Costs for the Parenting Agreements / Court Orders

Process:

  1. Mediators usually charge around $220 per hour payment upon mediation session
  2. Suggested Legal advice – $500 Plus (Prior to Mediation) depending on the Lawyer
  3. Lawyers Charge around $500,00 per hour – $5,000 initial to put in Trust
  4. Some Lawyers offer pay at the end or pay per block options
  5. Child Representatives are $400 per hour
  6. Child Reports $250 per hour
  7. Court Filing Fees are initially around $1,100 plus
  8. Ongoing depending on the requirements are around $500 per application
  9. Divorce Applications are $1,000

NB: Timeline

  1. Mediation can be completed in as little as 3 Weeks
  2. Legal and court Process can take as long as 3 – 12 months
Parenting – What you need to know