Parenting Plans & Orders
What Are the Ways that Parenting Arrangements Can Be Put in Place?
Informal arrangements
Parenting Plan
Consent Orders
Final orders determined by a Judge
How Do I Know Which Pathway to Take?
The sort of parenting arrangement you and your former partner make will depend on how you come to the agreement.
- If you have an informal arrangement in place that works well for you, you are amicable, and you continue to maintain positive communication, then you may not need to formalize your arrangements. However, co-parenting long into the future can become difficult if there are no formal arrangements to rely on for issues such as holiday periods, overseas travel, or schooling arrangements, or if there are changing circumstances that place strain on the co-parenting relationship.
- If you agree on parenting arrangements, you can set out the specific arrangements into a parenting plan, or by formalising the agreement into consent orders that are then sealed by the court.
- If you cannot agree on some issues, you can seek to resolve these issues by engaging in dispute resolution or mediation.
- If you cannot reach an agreement, you can make an application to the Court for parenting orders.
What is a Parenting Plan?
A parenting plan is a written agreement, signed and dated by both parents or other carers involved. We will ensure your parenting plan includes:
- where the children live;
- who the children spend time and communicate with;
- school or childcare;
- medical issues;
- religious or cultural practices;
- financial support for the children;
- how parental responsibility is to be shared (i.e., who will make long-term decisions about the child/ren);
- how disagreements about parenting arrangements will be resolved;
- how the parents, or other carers, will communicate with each other; and
- any other significant matters about their care, welfare, and development.
Do I Need to Go to Court?
If we can assist you in reaching an agreement, you do not need to go to court. We will prepare for you a parenting plan for you to enter into, or apply for consent orders on your behalf. If we cannot reach an agreement, you may consider filing an application with the court. Before filing, there are pre-action procedures that must be followed, including:
complying with the requirements of Compulsory Family Dispute Resolution (also known as mediation), and if your matter still cannot be resolved, you will be issued with a Section 60i Certificate;
giving written notice of issues and future intentions to the other party (or reply to this notice of intention, if you have received one);
If no resolution is reached during these pre-action procedures, you can then make an application to the court.
What Are Consent Orders?
Consent orders include similar aspects to parenting plans; however, they are legally binding orders made by the Federal Circuit and Family Court of Australia (Family Court) by the consent of you and the other parent.
What Aspects Does the Court Consider When Making Parenting Orders?
Whilst it may not always be left to a Judge to determine the final parenting orders that should be made, it is important to know what the court considers important aspects to take into account when parents are discussing and negotiating any parenting arrangements for their children. These include:
- considering arrangements that best promote the safety of the children, and each person who has care of the children (including safety from being subjected or exposed to, family violence, abuse, neglect, or other harm);
- whether there is a history of family violence, abuse or neglect involving the children or a person caring for the children;
- whether there are any family violence orders that are or have been in place in relation to the children or their family member(s);
- the views expressed by the children;
- considering the developmental, psychological, emotional, and cultural needs of the children;
- the capacity of each person who has (or is proposed to have) parental responsibility of the children to provide for these needs;
- whether it would be beneficial for the children to be able to have a relationship with their parents, and others who are significant to the children (where it is safe to do so);
- any other considerations that are relevant to the children’s particular circumstances;
- the right of Aboriginal or Torres Strait Islander children to enjoy their culture, by having the support, opportunity, and encouragement that they need to connect with their family, community, culture, country, and language, to fully explore that culture, and to develop a positive appreciation of that culture (and the impact of any proposed orders on that right).
What Else Can the Court Consider?
The court may also consider the history of the relationship and the care of the children, as well as the circumstances and events that have occurred since the parent’s separation.
What if Court Orders Are Not Being Followed?
If the court orders state that the children are to spend time with you, and the other parent is refusing to abide by the orders, or not encouraging the children as best they can, you may be able to seek the court’s intervention. Getting urgent and experienced legal advice is crucial.
What if the Arrangements Are Not Working?
Over time, things change and new arrangements may need to be made. It is best to discuss these matters with the other parent. We can assist you in negotiating and drafting a new agreement. If there are final court orders that have been made, there must be a significant change in circumstances to have the orders changed, unless it is mutually agreed between the parties.
How can Northcote Lawyers help?
It’s important to get advice from a lawyer to navigate you through the complexities of parenting after separation, especially when there are court orders or legal documents involved. Our experienced Family Law team at Northcote Lawyers can help you seamlessly transition into the parenting arrangements that work best for you and your family. Our reliable team is dedicated to working with you to meet your specific needs and answering all your difficult questions.
To speak with one of our experienced family lawyers, please contact our office by phone or make a booking online.
(03) 9486 1661
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