Making Big Decisions When You and Your Co-Parent Disagree: Parental Responsibility & Family Law Essentials

07/01/24 • 51 min

Are you struggling with understanding parental responsibility after a divorce or separation? Need strategies for handling parenting disagreements about major or minor decisions for your children? In Australia, who makes decisions for the children before there is a parenting plan or court order? What happens if you and your ex can't agree on a school, medical, or other major issue?

In this episode, Laura and an Australian Family Law Specialist Lynette break down the complexities of these often-confusing topics.

They discuss what parental responsibility entails, how recent changes in the family law impact it, and what it means for parents trying to make decisions for their children.

Whether you're dealing with a high-conflict ex or just trying to navigate the legal jargon, this episode offers essential insights and practical advice to help you understand and manage parental responsibility effectively.

Please note that this podcast provides general education only and is not legal advice. Always seek independent legal advice, as every situation is different.

Listen to This Episode If You:

🌟 Want to understand the concept of parental responsibility and how it impacts your legal rights as a parent.

❓ Are confused about the difference between joint, sole, and equal shared parental responsibility.

💡 Seek clarity on how recent family law act legal changes affect parental decision-making.

🛡 Are dealing with a manipulative, controlling, or high-conflict or narcissistic type co-parent.

📚 Need strategies for handling disagreements about major decisions for your children.

📝 Want to learn how to navigate court orders and legal terminology related to parenting.

Key Ideas Discussed in This Episode:

Definition and Importance of Parental Responsibility: What it is and why it matters in the eyes of the court.
Changes in Legislation: How the new laws in the Family Law Act of Australia as of May 2024 impact parental responsibility.
Joint vs. Sole Parental Responsibility: Understanding the differences and implications.
Decision-Making: Which parent makes decisions about major long-term issues versus day-to-day matters.
Court Orders and Parental Responsibility: How to handle existing orders and apply for new ones.
Section 61DAB: Understanding the provision that outlines day-to-day decision-making without the need for consultation on minor issues.
Real-Life Examples: Cases of disputes over education, medical decisions, and other critical areas.
Co-Parenting Challenges: Tips for dealing with uncooperative or high-conflict ex-partners.
Post-Separation Abuse: Recognizing and addressing coercive control in parenting situations.
For Full Show Notes & downloadable checklist for witness box tips, go to www.thedivorcecourse.com.au/blog
For more support, visit www.thedivorcecourse.com.au

Links & Resources Mentioned in the Podcast:

Episodes to Help with Communication Boundaries:

Episodes on Managing Emotions and Self-Affirmation:

Parenting Apps for Communication:

Section 61DAB of the Family Law Act

In this episode, Laura and an Australian Family Law Specialist Lynette break down the complexities of these often-confusing topics.

They discuss what parental responsibility entails, how recent changes in the family law impact it, and what it means for parents trying to make decisions for their children.

Please note that this podcast provides general education only and is not legal advice. Always seek independent legal advice, as every situation is different.

Listen to This Episode If You:

🌟 Want to understand the concept of parental responsibility and how it impacts your legal rights as a parent.

❓ Are confused about the difference between joint, sole, and equal shared parental responsibility.

💡 Seek clarity on how recent family law act legal changes affect parental decision-making.

🛡 Are dealing with a manipulative, controlling, or high-conflict or narcissistic type co-parent.

📚 Need strategies for handling disagreements about major decisions for your children.

📝 Want to learn how to navigate court orders and legal terminology related to parenting.

Key Ideas Discussed in This Episode:

Definition and Importance of Parental Responsibility: What it is and why it matters in the eyes of the court.
Changes in Legislation: How the new laws in the Family Law Act of Australia as of May 2024 impact parental responsibility.
Joint vs. Sole Parental Responsibility: Understanding the differences and implications.
Decision-Making: Which parent makes decisions about major long-term issues versus day-to-day matters.
Court Orders and Parental Responsibility: How to handle existing orders and apply for new ones.
Section 61DAB: Understanding the provision that outlines day-to-day decision-making without the need for consultation on minor issues.
Real-Life Examples: Cases of disputes over education, medical decisions, and other critical areas.
Co-Parenting Challenges: Tips for dealing with uncooperative or high-conflict ex-partners.
Post-Separation Abuse: Recognizing and addressing coercive control in parenting situations.
For Full Show Notes & downloadable checklist for witness box tips, go to www.thedivorcecourse.com.au/blog
For more support, visit www.thedivorcecourse.com.au

Links & Resources Mentioned in the Podcast:

Episodes to Help with Communication Boundaries:

Episodes on Managing Emotions and Self-Affirmation:

Parenting Apps for Communication:

Section 61DAB of the Family Law Act

Previous Episode

Empowering Your Divorce Journey: Five Essential Steps to Take Control

Are you navigating a difficult divorce or separation? In this insightful episode, Laura and Lynette share five crucial steps to help you empower yourself through your divorce or de facto journey. They discuss how your actions, boundaries, self-affirmation, and standing up for yourself can significantly impact the outcome of your case. With practical legal education and empowering strategies, this episode is a must-listen for anyone facing a challenging breakup, especially if dealing with a high-conflict, narcissistic or manipulative ex-partner. Download the reflection worksheet that goes with this episode off our Patreon account.

Please note that this podcast provides general education only and is not legal advice. Always seek independent legal advice, as every situation is different.

Listen to This Episode If You:

🌟 Want to know how your actions can make or break your case.

❓ Need guidance on setting and maintaining boundaries with your ex.

💡 Seek methods to reaffirm who you are amidst false accusations.

🛡 Are looking for strategies to stand up for yourself effectively.

📚 Need tips on avoiding common pitfalls during your divorce.

📝 Want to ensure you're doing everything possible to navigate your divorce successfully.

Key Ideas Discussed in This Episode:

Your Actions Make or Break Your Case: How your behaviour and decisions impact the outcome.
Setting Boundaries: Importance of establishing clear boundaries with your ex.
Reaffirming Who You Are: Techniques to maintain your self-worth and confidence.
Avoiding Self-Sabotage: Tips to prevent actions that could harm your case.
Standing Up for Yourself: Empowering yourself to take control and advocate for your needs.
For Full Show Notes & downloadable checklist go to www.thedivorcecourse.com.au/blog
For more support, visit www.thedivorcecourse.com.au

Links & Resources Mentioned in the Podcast:

Episodes to Help with Communication Boundaries:

Episodes on Managing Emotions and Self-Affirmation:

Parenting Apps for Communication:

Emergency Contacts:

WOMEN'S SHELTER SERVICE
LEGAL AID
Lifeline: 13 11 14
Mensline Australia: 1300 789 978
Kids Help Line: 1800 551 800
Aboriginal Family Domestic Violence Hotline: 1800 019 123
Relationships Australia
Police: 000
DVConnect Womensline: 1800 811 811 (24 hours, 7 days a week)
DV Connect Mensline: 1800 600 636
National DV line: 1800 737 732 (1800 RESPECT)

Remember, you are not alone, and there are resources and support systems available to help you through this challenging time. If you found this podcast helpful, please rate, review, and subscribe. Your feedback helps others find the support they need. Stay strong and take care.

Please note that this podcast provides general education only and is not legal advice. This is just one lawyer's opinion of the family court's views in Australia. Do not base your case on anything mentioned in this episode unless it is first discussed and approved by your personal lawyer. Always seek independent legal advice, as every situation is different. By listening to this show, you are agreeing that it and the company that runs it are not liable for the outcome of your case.

For Full Show Notes, go to www.thedivorcecourse.com.au/blog

For more support, visit www.thedivorcecourse.com.au

Useful Res...

Next Episode

Sorting Through the Chaos: Dealing with Your Ex's Belongings During Divorce

Struggling with what to do with your ex's stuff after a separation or divorce? Whether it's a garage full of clutter, valuable memorabilia, or just everyday items left behind, dealing with an ex's belongings can be frustrating and emotionally draining. In this episode, Laura and Lynette discuss practical strategies for handling your ex's stuff, from boxing it up to negotiating its removal, all while considering the legal implications. They also explore how different scenarios—whether amicable, manipulative, controlling, avoidant, or high conflict—affect the process. Tune in to gain valuable insights and practical tips to navigate this tricky aspect of post-separation life. (Remember to see your lawyer before doing anything about this issue as each situation is different.)

Listen to This Episode If You:

🌟 Want practical legal education on dealing with your ex’s belongings.

❓ Are unsure about the legal implications of getting rid of or storing your ex’s stuff.

💡 Seek clarity on how different types of relationships (amicable, manipulative, etc.) impact handling belongings.

🛡 Are dealing with a high-conflict or controlling ex-partner.

📦 Need strategies for negotiating the removal of your ex’s items.

Key Ideas Discussed in This Episode:

Impact of Stuff on Your Life: How lingering belongings can affect your mental and emotional well-being.

Legal Considerations: The potential legal consequences of disposing of or keeping your ex's belongings.

Different Relationship Scenarios: Strategies tailored to different types of ex-partners (amicable, manipulative, controlling, avoidant, high conflict).

Practical Steps: Tips on boxing up items, setting deadlines, and using storage solutions.

Using Mediation: How to incorporate belongings into mediation agreements and consent orders.

Involving Authorities: When and how to involve the police in high-conflict situations.

Handling Emotional Attachments: Dealing with the emotional aspects of letting go or holding on to items.

Episode 158 Sorting Through the Chaos: Dealing with Your Ex's Belongings During Divorce

For Full Show Notes, go to www.thedivorcecourse.com.au/blog

For more support, visit www.thedivorcecourse.com.au

Useful Resources:

Click here for our free before you leave checklist

Click here for our free mediation checklist

Emergency Contacts:

WOMEN'S SHELTER SERVICE
LEGAL AID
Lifeline 13 11 14
Mensline Australia 1300 789 978
Kids Help Line 1800 551 800
Aboriginal Family Domestic Violence Hotline 1800 019 123
Relationships Australia
Police on 000
DVConnect Womensline on 1800 811 811 (24 hours, 7 days a week) Note: This number is not recorded on your phone bill
DV Connect Mensline on 1800 600 636
National DV line on 1800 737 732.1800RESPECT 1800 737 732

Thank you for tuning in to this informative episode on handling your ex’s belongings. Understanding the legal and emotional aspects is crucial for navigating this tricky part of post-separation life. If you found this podcast helpful, please rate, review, and subscribe. Your feedback helps others find the support they need. Stay strong and take care.

**Disclaimer:** This podcast episode provides general education for Australians and is not a substitute for legal advice. Every situation is different, and it is important to seek independent legal education tailored to your specific circumstances.