Law of the (food truck) jungle

I have just started a new retail shop and I am having to get my head around my legal responsibilities. There is a lot to consider when you are employing people as well as having customers and suppliers interacting with your business every day. We are a successful business and part of staying successful is making sure that the business is set up correctly and that we look after everyone involved legally. This blog has tips for new retail store owners to help them understand what legal issues they can manage themselves and when it's time to get advice from a lawyer.

What's the Difference between Parenting Plans and Orders, and How Should You Proceed?

Law Blog

Separation can be a traumatic experience for both adults, but where children are involved, there are additional repercussions. In this case, it's crucial for the parents to take responsibility and come up with a suitable plan as if not, a court will most certainly intervene. In an ideal world, both parents should devote equal time to the ongoing care of the kids, but this can sometimes be challenging to set up. So if you want to establish joint custody arrangements, what are the key factors to take into account?

Plans Versus Orders

Firstly, understand the difference between parenting plans and parenting orders. The former is an agreement that you have set up between you and while it is a formal document, it's not legally enforceable. On the other hand, the latter is legally enforceable and is typically created by a family court if you cannot reach your agreement. The court may also implement a parenting order if violence or abuse is involved on one side.

If you can, you should always create your own parenting plan, but you should also be realistic as you do so.

Where to Start

Take into account your work schedules and other commitments, even though you should prioritise the needs of the children where at all possible. Factor into your calculations the age of the children, their nature and personality, and whether they wish to participate in sporting and other extracurricular activities. This will help you to come up with a customised plan.

Children First

Put your own disagreements and arguments aside and understand that the failure of your relationship should never reflect on the individual relationship between each parent and child. Do not be tempted to speak poorly about the other spouse in front of the kids just to make yourself look or feel better, but be neutral and very sensitive if the subject does come up.

Other Things to Consider

Sometimes, the children will be far too young to understand what's going on but otherwise, make sure that you understand and hear their views. Keep lines of communication open at all times and try to anticipate any potential problems before they arise. By exploring the "what if" scenarios and, where necessary, writing them into the parenting plan, you can stand the best chance of success going forward. Don't forget that this document does not have to be set in stone, and you may need to make amendments as things happen. Try not to make the parenting plan intransigent but build some flexibility to relieve stress and pressure.

Getting Advice

Consult with your family lawyer if you simply do not know where to start or are having some serious disagreements. Ideally, they will help you draw up a less restrictive parenting plan and avoid bringing in court orders.

For more information on family law, contact a professional near you.

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7 March 2022