Parenting Plans

Separating parents have a duty to make a genuine effort to reach agreement about the future arrangements for their children. Reaching agreement is not always easy, but assistance is available through Family Lawyers, counsellors and mediation specialists.

What is a Parenting Plan?

When separated parents reach an agreement about parenting arrangements and do not wish to apply to the Family Law Courts for Orders, it’s always best to put that agreement in writing to avoid misunderstandings. A written agreement about parenting arrangements for children under 18 is known as a Parenting Plan.

A Parenting Plan can cover a range of matters, including where a child will live, how much time they will spend with each parent (or with others such as grandparents), and any other issues relating to the child’s care, welfare, and development.

Parenting Plans are a quick and cost-effective way for parents who are already in agreement to formalise their arrangements in writing. Having a clear, written plan can make it easier for both parties to follow and stick to the agreed terms.

There is often confusion around whether Parenting Plans are legally enforceable. In short, they are not enforceable like Court Orders. However, a Parenting Plan may still be considered in court proceedings if it meets the requirements set out in the Family Law Act. These include being in writing, voluntarily agreed upon, and signed and dated by both parents.

Parenting Plans can be changed or cancelled, but only if both parents agree. While Parenting Plans can be registered with the Court, the Court has the power to set aside, vary, or revoke parts of the registered plan.

The Family Law Act encourages the use of Parenting Plans when informal agreement is possible, but it also clearly states that enforceable arrangements require Court Orders. Despite this, some agencies that help draft these plans may claim they are legally binding. This is incorrect. If you want legally enforceable arrangements, it’s important to seek legal advice with a view to obtaining Court Orders — either by consent or through court proceedings.

A family lawyer can help you draft a Parenting Plan, ensure it meets the legal requirements, and advise you on all relevant considerations. If an agreement cannot be reached or you need something enforceable, a family lawyer can also guide you through the process of applying for Court Orders.

What are Parenting Orders?

To be certain that an arrangement between parents is legally enforceable, the parties can apply to the Family Court to have Orders made in the same terms as the Parenting Plan. These Parenting Orders are known as Consent Orders, because they are made with the consent of both parties.

Settling parenting matters by Consent Orders is much quicker, much less expensive and much less stressful than asking the Court to decide what Orders to make.

Our experienced Family Lawyers provide detailed advice to separating parents who are considering entering into either a Parenting Plan or Consent Orders. Often we advise clients who are negotiating through counselling or mediation, or who otherwise have been able to reach in-principle agreement in discussions with the other parent.

Even in difficult matters, agreement can be achieved provided both parents are prepared to negotiate, and importantly, to consider the child’s best interest.

Once agreement is reached, our Family Lawyers are able to prepare the necessary documents so that the agreement will be legally enforceable.

If you need assistance with a parenting matter, our experts at Prime Lawyers – Family Law Division can help. Contact us to make an appointment with a family lawyer at your nearest Prime Lawyers office.

We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.