When parents separate in circumstances where one or both have Family Violence Restraining Orders against the other, one of the most difficult issues they face is the arrangement for the care and custody of their children, particularly if the children are not also covered by a restraining order, and there are no family court orders.

Clauses regarding child handover in interim FVRO’s issued by the Court are often clunky, imprecise or unworkable, as the Court does not have the time or in-depth knowledge necessary to craft tailored or individual clauses in each separate case This task often falls to the parties, or more commonly, their lawyers.

Conduct agreement orders, a mechanism by which many FVRO matters are resolved within the Magistrates Court jurisdiction, help establish clear guidelines for the handover of children between parents in the absence of Family Court Orders, or agreement.

Crafting effective and workable clauses in these agreements is essential to ensure smooth transitions, minimize conflict, and prioritize the children’s well-being.

This article will explore key considerations and strategies for drafting effective clauses for conduct agreement orders regarding child handover.

Understanding Conduct Agreement Orders

Conduct agreement orders outline the specific behaviours and procedures parents must follow during the handover of their children, usually binding on one person, but can also be mutually binding.

These orders aim to provide structure and predictability, which can be beneficial for both the parents and the children involved. Clear, detailed clauses help mitigate misunderstandings and conflicts that might arise during handovers.

Key Considerations for Crafting Clauses

1. Clarity and Specificity:
   • Define Terms: Use clear and unambiguous language. Avoid legal jargon that may confuse the parties involved.
   • Detail Handover Locations: Specify the exact locations where handovers will occur. This might include neutral locations like a community center, the home of a relative, or a public park.
   • Time and Frequency: Clearly state the days and times for handovers, including provisions for adjustments during holidays or special occasions.
2. Safety and Comfort:
   • Safety Considerations: Include clauses that prioritize the safety of the children. If there are concerns about a parent’s behaviour or past incidents, outline conditions for the handover, such as supervised visits or the presence of a neutral third party.
   • Child’s Preferences: If appropriate for their age, consider incorporating clauses that allow for the child’s input regarding handover preferences.
3. Communication Protocols:
   • Modes of Communication: Specify how parents should communicate about handover arrangements (e.g., via text message, email, or a designated app).
   • Notification Requirements: Include requirements for notifying the other parent of delays or changes to the schedule as soon as possible.
4. Dispute Resolution Mechanism:
   • Addressing Conflicts: Include clauses that outline how disputes regarding the handover will be resolved. This could involve mediation, consultation with a family therapist, or other methods before resorting to court intervention.
   • Emergency Protocols: Establish protocols for emergencies, such as a parent being unable to make a scheduled handover due to illness or unforeseen circumstances.
5. Additional Considerations:
   • Travel and Holidays: If applicable, outline procedures for handovers during travel or holiday periods, including who will be responsible for transportation and any necessary documentation.
   • Third-Party Involvement: If third parties (like grandparents or other relatives) are involved in the handover, specify their roles and responsibilities.

Example Clauses

Here are some sample clauses that illustrate how to implement the above considerations effectively:

1. Handover Location: “The handover of the children will take place at [specific location], unless otherwise previously agreed in writing by both parents.”
2. Time Schedule: “Handover shall occur every Friday at 5:00 PM and every Sunday at 3:00 PM. Any changes to this schedule must be communicated and agreed in writing at least 24 hours in advance.”
3. Communication Protocol: “Both parents shall communicate regarding handovers via text message at [designated phone numbers]. Each parent agrees to respond to messages within two hours.”
4. Flexibility Clause: “Either parent may request a change to the agreed schedule due to unforeseen circumstances. Such requests must be made in writing at least 48 hours prior to the scheduled handover and if not agreed, the alteration will not occur.”

Conclusion

Crafting workable clauses for conduct agreement orders regarding child handover is crucial for maintaining a cooperative parenting environment post-separation. By focusing on clarity, safety, communication, and flexibility, parents can create agreements that prioritize their children’s well-being while minimizing potential conflicts. It is often beneficial for parents to seek legal advice when drafting these agreements to ensure they are fair, enforceable, and tailored to their unique circumstances. Ultimately, a well-crafted conduct agreement can help foster a healthy co-parenting relationship and create a stable environment for children during transitions between homes.