Family Dispute Mediation Gold Coast
★★★★★ Mediation Testimonial 2019 - Meg, Springbrook.
“You are very good at your job Ghita. Thank you. Now I can have Christmas with my daughter and her family.“
Family Mediation
People refer to ‘mediation’ in many different ways. It can be as informal as having a friend or family member helping to talk through the issues in dispute. It can also be a formal process involving a professionally trained mediator. Disputes can involve just two people in conflict, or include extended family members. Mediation might involve a mother and a daughter, two parents who are separating, or siblings who are in conflict over an estate.
When disputes can’t be resolved by mediation, the matter may need to go to a court for a judge to make decisions. Going to court is a long, stressful and expensive process. The aim of mediation is to avoid the situation reaching this point.
Ghita offers two types of mediation:
People refer to ‘mediation’ in many different ways. It can be as informal as having a friend or family member helping to talk through the issues in dispute. It can also be a formal process involving a professionally trained mediator. Disputes can involve just two people in conflict, or include extended family members. Mediation might involve a mother and a daughter, two parents who are separating, or siblings who are in conflict over an estate.
When disputes can’t be resolved by mediation, the matter may need to go to a court for a judge to make decisions. Going to court is a long, stressful and expensive process. The aim of mediation is to avoid the situation reaching this point.
Ghita offers two types of mediation:
- Counselling/ Mediation - A mixed style for family members to overcome issues such as unforgiveness
- FDR Mediation for separating couples creating a 'next stage' parenting plan for their children's care, so that they can avoid going to court.
Parenting Plans
What is a Parenting Plan?
Parenting Plans are agreements about parental responsibilities after separation concerning where children will live, who will be caring for them and for what periods of time. Our mediators provide these agreements, and once signed and dated, they become a Parenting Plan.
Who can Make a Parenting Plan?
To be a parenting plan under the Family Law Act 1975, the plan must be made and signed by both parents of the child. However, other persons, such as grandparents or step-parents, can be included in a parenting plan.
Parenting Plans and the Law
A parenting plan can take any form, but to be a parenting plan under the Family Law Act 1975 it must be in writing, signed and dated by both parents. It must be made free from
any threat, duress or coercion.
A parenting plan is not legally enforceable and is different from a parenting order, which is made by a court. Parents who make a parenting plan can ask the court to make an order on the terms of that plan. Once made, these parenting orders are legally binding – they have the same effect as any other order made by a court.
What can be included in a parenting plan?
Your plan will be unique to your circumstances. It should be practical, simple and as concrete as possible. A parenting plan can deal with any aspect of the care, welfare and development of a child. The kinds of things that may be covered in a plan include:
Other issues to consider when developing your plan
You may find it useful to include procedures in your plan for resolving any disputes about the terms of your plan, or for varying the plan if the needs or circumstances of your child change as they get older (eg the child starts primary or secondary school).
When deciding what to include in your plan there are a number of other important issues you need to consider. If parents cannot agree about their children, and decide to go to court, the court will also be required to consider these issues when making a parenting order. These issues are set out below.
Best interests of the child
When you make decisions about your child their needs must come first and the most important thing for you to consider is what is best for your child. Children have the right to know both their parents and the right to be protected from harm.
However, the safety of your child(ren) must come first when considering your child’s best interest. These are important things to think about. Other things you might want to think about include any views the child has expressed, the child’s relationship with both of their parents and other people significant to them (such as their grandparents) and any practical difficulties.
Equal shared parental responsibility
Except where there are issues of violence or abuse, the law presumes that it is in the best interest of a child for the parents to have equal shared parental responsibility. This does not mean that the child should spend equal time with each parent. Rather, equal shared parental responsibility means that both parents have an equal role in making decisions about major long-term issues that affect their children, such as schooling and health care. If you agree to share parental responsibility, you will need to consult with each other and make an effort to come to joint decisions about long-term issues.
However, when the child is spending time with you, you will not usually need to consult on decisions about things like what the child eats or wears because these are not usually major long-term issues. You may find it useful to include a process in your plan about how you are going to consult with each other when you need to make decisions about long-term issues.
Equal time
If the child spending equal time with each of you is reasonably practicable, and in the best interests of the child, you could consider an arrangement of this kind (eg the child spends one week with you and the next week with the other parent).
What does ‘reasonably practicable’ mean?
You need to consider whether it is practical to make this type of arrangement for your child based on your circumstances.
The types of things you could think about include:
What is substantial and significant time?
This refers to a child spending time with both parents on a mix of weekends, holidays and regular days and nights. It means both parents are involved in the child’s daily routine, as well as sharing in special events (like birthdays) and other events of significance (like weddings).
Difficulties complying with a parenting plan?
If either parent has difficulties complying with a parenting plan which they cannot resolve by agreement with the other parent, there is a range of services available to help, such as counselling and dispute resolution. For example, with the help of our mediators you may be able to change your existing agreement or make a new parenting plan.
Centrelink
Parenting plans, child support and Centrelink Any changes to the care arrangements for your children can affect child support, income support and family assistance payments. If you have a parenting plan and Child Support (CS) has a copy of it, CS can base your care levels in your child support assessment on the care levels outlined in the plan.
If your parenting plan specifies amounts for child support payments, CS cannot enforce it unless it is also a valid child support agreement and you or the other parent ask CS to accept it. There are some conditions that must be met before CS can accept a child support agreement. For example, parents who agree to less child support than the amount assessed under the child support formula can do so, as long as they get legal advice.
The type of agreement you make, and the amount of child support you agree to pay or receive, can affect your child support Family Tax Benefit Part A entitlement. The amount of Family Tax Benefit Part A you receive is based on CS’s formula assessment, not the child support agreement.
For help and information contact:
Parenting Plans are agreements about parental responsibilities after separation concerning where children will live, who will be caring for them and for what periods of time. Our mediators provide these agreements, and once signed and dated, they become a Parenting Plan.
Who can Make a Parenting Plan?
To be a parenting plan under the Family Law Act 1975, the plan must be made and signed by both parents of the child. However, other persons, such as grandparents or step-parents, can be included in a parenting plan.
Parenting Plans and the Law
A parenting plan can take any form, but to be a parenting plan under the Family Law Act 1975 it must be in writing, signed and dated by both parents. It must be made free from
any threat, duress or coercion.
A parenting plan is not legally enforceable and is different from a parenting order, which is made by a court. Parents who make a parenting plan can ask the court to make an order on the terms of that plan. Once made, these parenting orders are legally binding – they have the same effect as any other order made by a court.
What can be included in a parenting plan?
Your plan will be unique to your circumstances. It should be practical, simple and as concrete as possible. A parenting plan can deal with any aspect of the care, welfare and development of a child. The kinds of things that may be covered in a plan include:
- how the parents will share parental responsibility and consult about decisions (like which school the child will attend)
- who the child will live with
- what time the child will spend with each parent
- what time the child will spend with other people, such as grandparents
- how the child will communicate with each parent or other people (eg by phone, email or letters)
- what arrangements need to be made for special days, such as birthdays and holidays · what process can be used to change the plan or resolve any disagreements about the plan
- maintenance of a child, and
- any other issue about parental responsibility or the care, welfare and development of the child.
Other issues to consider when developing your plan
You may find it useful to include procedures in your plan for resolving any disputes about the terms of your plan, or for varying the plan if the needs or circumstances of your child change as they get older (eg the child starts primary or secondary school).
When deciding what to include in your plan there are a number of other important issues you need to consider. If parents cannot agree about their children, and decide to go to court, the court will also be required to consider these issues when making a parenting order. These issues are set out below.
Best interests of the child
When you make decisions about your child their needs must come first and the most important thing for you to consider is what is best for your child. Children have the right to know both their parents and the right to be protected from harm.
However, the safety of your child(ren) must come first when considering your child’s best interest. These are important things to think about. Other things you might want to think about include any views the child has expressed, the child’s relationship with both of their parents and other people significant to them (such as their grandparents) and any practical difficulties.
Equal shared parental responsibility
Except where there are issues of violence or abuse, the law presumes that it is in the best interest of a child for the parents to have equal shared parental responsibility. This does not mean that the child should spend equal time with each parent. Rather, equal shared parental responsibility means that both parents have an equal role in making decisions about major long-term issues that affect their children, such as schooling and health care. If you agree to share parental responsibility, you will need to consult with each other and make an effort to come to joint decisions about long-term issues.
However, when the child is spending time with you, you will not usually need to consult on decisions about things like what the child eats or wears because these are not usually major long-term issues. You may find it useful to include a process in your plan about how you are going to consult with each other when you need to make decisions about long-term issues.
Equal time
If the child spending equal time with each of you is reasonably practicable, and in the best interests of the child, you could consider an arrangement of this kind (eg the child spends one week with you and the next week with the other parent).
What does ‘reasonably practicable’ mean?
You need to consider whether it is practical to make this type of arrangement for your child based on your circumstances.
The types of things you could think about include:
- how far apart you and the other parent live from each other
- the ability of you and the other parent to implement this type of arrangement (eg what hours do you work and how close do you live to the child’s school)
- how well you and the other parent communicate with each other and can resolve any problems that come up with the arrangement, and
- the impact the arrangement will have on your child.
- Substantial and significant time: If the child spending equal time with both of you is not appropriate, you could consider an arrangement that allows both parents to spend substantial and significant time with the child, provided that this is reasonably practicable and in the best interests of the child.
What is substantial and significant time?
This refers to a child spending time with both parents on a mix of weekends, holidays and regular days and nights. It means both parents are involved in the child’s daily routine, as well as sharing in special events (like birthdays) and other events of significance (like weddings).
Difficulties complying with a parenting plan?
If either parent has difficulties complying with a parenting plan which they cannot resolve by agreement with the other parent, there is a range of services available to help, such as counselling and dispute resolution. For example, with the help of our mediators you may be able to change your existing agreement or make a new parenting plan.
Centrelink
Parenting plans, child support and Centrelink Any changes to the care arrangements for your children can affect child support, income support and family assistance payments. If you have a parenting plan and Child Support (CS) has a copy of it, CS can base your care levels in your child support assessment on the care levels outlined in the plan.
If your parenting plan specifies amounts for child support payments, CS cannot enforce it unless it is also a valid child support agreement and you or the other parent ask CS to accept it. There are some conditions that must be met before CS can accept a child support agreement. For example, parents who agree to less child support than the amount assessed under the child support formula can do so, as long as they get legal advice.
The type of agreement you make, and the amount of child support you agree to pay or receive, can affect your child support Family Tax Benefit Part A entitlement. The amount of Family Tax Benefit Part A you receive is based on CS’s formula assessment, not the child support agreement.
For help and information contact:
- Child Support on 131 272 or visit www.humanservices.gov.au/customer/dhs/child-support
- Centrelink (Families and Parents Line) on 136 150
Fees
Minimum Booking for Mediation is 3 hours.
Family Mediation FDR: $200 p.h.
Please feel free to ask your FDRP for an estimate.
Family Dispute Resolution Mediation (For 2 people):
Do not bring your children to mediation. There are no facilities for children and it is inappropriate. We are not covered by insurance and if children attend the mediation is automatically cancelled.
How to Pay: Paypal and Internet Banking.
Please note that if funds are not received 48 hours before your appointment, mediation may be cancelled because venues need to be secured and paid in advance. For example: If one party does not pay in time or cancels in the last moment mediation may be cancelled. NB: There are no refunds if one party cancels late or does not pay in the required period.
Internet Banking Transfer:
*Please use your name as your reference
Account name: Ghita Andersen
Bsb: 124 036
Account: 21769014
Paypal or Credit Card:
https://www.paypal.me/GhitaAndersen
Family Mediation FDR: $200 p.h.
Please feel free to ask your FDRP for an estimate.
Family Dispute Resolution Mediation (For 2 people):
- 3 Hour Family Mediation + Phone Intakes = $600
- 4 Hour Family Dispute Mediation + Phone Intakes = $800
- 5 Hour Family Dispute Mediation + Phone Intakes = $1000
Do not bring your children to mediation. There are no facilities for children and it is inappropriate. We are not covered by insurance and if children attend the mediation is automatically cancelled.
How to Pay: Paypal and Internet Banking.
Please note that if funds are not received 48 hours before your appointment, mediation may be cancelled because venues need to be secured and paid in advance. For example: If one party does not pay in time or cancels in the last moment mediation may be cancelled. NB: There are no refunds if one party cancels late or does not pay in the required period.
Internet Banking Transfer:
*Please use your name as your reference
Account name: Ghita Andersen
Bsb: 124 036
Account: 21769014
Paypal or Credit Card:
https://www.paypal.me/GhitaAndersen
- Enter fee total
- Use your name as reference: E.g: Jones Mediation
- Screenshot your payment and sms to Ghita
