Parenting Plans
A relationship breakdown can be traumatic for children and emotionally challenging for their parents. Agreeing on care arrangements in new and unfamiliar circumstances is difficult. We can provide expert legal advice throughout the process, keeping the best interests of your children at the forefront of all negotiations. We can also help if you are a grandparent or other family member seeking advice about the care of a child.
How are children’s matters decided?
Following a separation, parents need not go to court to settle the future care arrangements for their children and, in most cases, the parties to a parenting dispute must first attend family dispute resolution before taking a parenting matter to court.
The best interests of a child will always be the paramount consideration when determining parenting matters, and this principle must be taken into consideration when arranging for the ongoing care and welfare of children.
Of course, it is best if parents can come to an agreement between themselves about the ongoing care of their children and this can happen through an informal agreement, a parenting plan, or parenting orders by consent.
What is a parenting plan?
A parenting plan is a written agreement documenting the arrangements negotiated between parents for the ongoing care of their children. The agreement is signed and dated by the parties and can be registered with the court but is not legally enforceable. Parenting plans can also affect people who are not a parent of the child, for example, grandparents and others who are important in the child’s life.
Parenting plans can include matters such as:
- who a child lives with
- the parental responsibility for a child
- who a child spends time with including parents and other family members
- arrangements for supervised time
- how a child communicates with a parent when not in their care
- how decisions about the care, welfare, and development of a child are made
- arrangements for special days such as birthdays, religious, and other holidays
- child maintenance/support payments
As parenting plans are not legally binding, it is advisable to include procedures for varying the plan and the methods that can be used to resolve any disputes about the terms in the plan.
Is a parenting plan right for my circumstances?
Parenting plans are useful in circumstances where parents can cooperate and agree about the care arrangements for their children. They are usually used when there are no issues regarding trust, reliability, or dishonesty between the parents.
Parenting plans are not binding and accordingly cannot be enforced by the court.
Although you and your ex-partner may have a good relationship, circumstances can change quickly, for example, if your ex-partner commences a new relationship, which may raise new issues or effect an existing plan.
Applying for parenting orders
Parenting orders are legally enforceable orders which may be made between the parties by consent and filed with the court. If you would prefer your arrangements to be legally binding, you can file an application with the Federal Circuit and Family Court of Australia for parenting orders.
Applying for your parenting plan to be made into a parenting order is usually a straight-forward process which involves submitting your plan to the court for approval by the Registrar. Once the Registrar is satisfied that the plan is in the child’s best interests, court orders reflecting your parenting plan will be granted.
If you need assistance, contact [email protected] or call 03 9546 8155 for expert legal advice.