PARENTING PLANS

The family law legislation and the intention of the parliament encourages parents to make their own arrangements for their children without applying to the Family Courts.  This is achieved through mutual verbal agreement or where the parents want to ensure they both understand their agreement, through a written document called a "parenting plan".

What exactly is a Parenting Plan and Who can make one?

There is nothing complicated about the definition of parenting plans under the Family Law Act.  Essentially it is a written agreement between the parents of a child which is signed by both parents and dated.  It must not be made under threat, duress or coercion.  Parents of children can make a parenting plan.

Important Notes about Parenting Plans:

• They are not legally enforceable.  If you want a document that the Courts can enforce then you need a Court order or Consent order;
• If you have a parenting plan and you both want to make it a court order you can apply administratively to the Court to make an order;
• If there are subsequent court proceedings then the Court must take into account the terms of the parenting plan.  The Court is likely to consider whether both parents have observed their obligations under the parenting plan.  Parenting Plans are taken seriously by the Courts;
• Parenting Plans can even change Court orders simply be specifically referring to previous orders and varying them.  You need to remember that you may not be able to enforce an order which has been varied by a Parenting Plan.

Parenting Plan or Consent Order

Essentially that question needs some consideration and advice from a lawyer who is informed about your particular circumstances.  Contact us for an appointment to determine the best way to document your agreement.

Mediations our mediator conducts are ususally concluded by the parties entering into a parenting plan.  If a court order is required that is undertaken after the mediation.

What sort of things can be included in a Parenting Plan

Well essentially any arrangements in relation to the children but be careful because financial issues (child support and other financial considerations) have special rules that need to be complied with and it might be best for you to consider a Limited or Binding Child Support Agreement.

  BEFORE YOU MAKE A PARENTING PLAN GET LEGAL ADVICE - CALL US TO MAKE AN APPOINTMENT