Mother's Day in the Family Courts

Mothers' Day is an emotional and meaningful day for mothers, where children can celebrate and thank their mothers for their hard work over the years. Sadly, for some separated parents, Mothers' Day can also bring with it feelings of sadness. Mother’s Day is now behind us and it is important for next year’s preparations to understand how the family court system makes provisions to allow a visit on this important day. Naturally, the same considerations apply for Father’s Day.

The Family Courts encourage both parents to foster a meaningful relationship with the other parent and this certainly includes visits on special occasions like Mothers' Day, which are usually meaningful days for both parents and children.

Parenting Orders often make provisions for children to spend time with their mother on Mothers' Day. This may seem like an obvious inclusion to many, but if such an Order were left out and a separating couple found themselves in a high conflict situation, this could mean the difference between spending time or not spending time with your child on Mothers' Day.

Time on Mothers' Day can be included in Orders or Parenting Plans in a variety of ways.  A visit with a predetermined beginning and end time can be listed, and this visit may or may not include an overnight stay.  Alternatively, Orders or Parenting Plans can provide that the time on Mothers' Day occur as agreed between the parents, but this may not be feasible in high conflict situations.

Navigating Mothers' Day can be a difficult task for separated parents and it is critically important that children are kept out of any conflict that may arise. If a face-to-face visit is not possible, a virtual visit over Skype or FaceTime could offer a solution where Court Orders allow for this, or where an agreement can be reached between parents.

Mothers should be encouraged to make the most of quality time with their children on Mother’s Day and enjoy the occasion.

 If you require more information on the above please contact Nevine Youssef on nyoussef@marsdens.net.au or by phoning 02 4626 5077.

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.

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