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 an agreement is reached between separated parents, with the intention of not applying to the Family Law Courts for Orders, it is always best to put it in writing to avoid any misunderstandings. An agreement in writing about parenting arrangements for children aged under 18 years is known as a Parenting Plan.

A Parenting Plan can deal with issues including where a child will live; the time that a child will spend with each parent (and with other people such as grandparents); and any other aspect of the care, welfare and development of a child.

Parenting Plans are often a quick and inexpensive way for parties, who are essentially already in agreement, to put informal arrangements in place that are reduced to writing and therefore, easy to follow.

There is often confusion as to whether Parenting Plans are legally enforceable. In essence, a Parenting Plan is not a legally enforceable agreement, unlike Orders made by the Court. However, a Parenting Plan can be relied on in court proceedings as long as it complies with the requirements of the Family Law Act. Those requirements are that the plan is in writing, was voluntarily entered into and is signed and dated by both parents.

A Parenting Plan can be varied or revoked by parents, but only be agreement. Parenting Plans can also be registered with the Court. The Court can set aside a registered Plan, or vary or revoke parts of the Plan.

Although the Family Law Act encourages parents to enter into parenting plans if an informal agreement can be reached, it also makes it clear that these types of agreements are not enforceable. In doing so, the Act also clearly states that “parents who seek enforceable arrangements require court orders”.

Some agencies that facilitate negotiations between parents and assist in drafting parenting plans may insist that the plan is legally enforceable. Clearly, this is not technically correct and for parents who wish to ensure that they have enforceable arrangement in place should seek legal advice with a view to obtain Court Orders (whether by Consent or otherwise).

A family lawyer can assist you in drafting a Parenting Plan and advise you of the matters that are required to be taken into account in doing so and also, ensure that the plan complies with the requirements of the Family Law Act. Where parties are unable to reach agreement or, require something that is enforceable, a family lawyer can assist you in obtaining enforceable 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.