There are two ways in which parents may formalise their parenting arrangements following separation. The first is by way of a parenting plan and the second is formal Court Orders. Each document achieves different things and it is important to understand the difference.
What is a parenting plan?
A parenting plan is a written agreement between parents which deals with matters relating to their children. A parenting plan can be as limited or detailed as the parents would like and can include information about the following matters:
Where the children will live and how much time the children will spend with the non-resident parent;
Who will have parental responsibility and how joint decisions are to be made;
Communication between the children and other people important to them;
The financial commitment that each parent intends to make towards the children;
How matters will be resolved if the parents cannot agree; and
Any other matter relevant to the care, welfare and/or development of the children.
In order to be a parenting plan under the Family Law Act 1975 the agreement must be in writing and signed and dated by the parents.
A parenting plan is suitable for parents who can agree upon the care arrangements for the children. A parenting plan provides a level of flexibility as parents are able to set aside a parenting plan by entering into a new parenting plan by agreement.
A parenting plan is not an enforceable agreement, and therefore there are no legal implications for failing to comply with the terms of the parenting plan. A parenting plan simply documents the parents’ intentions in relation to the children.
The existence of a parenting plan does not prevent either parent from making an Application to the Federal Circuit Court of Australia or Family Court of Australia for parenting Orders.
What are Parenting Orders?
Parenting Orders are formal Court Orders made by the Federal Circuit Court of Australia or the Family Court of Australia in relation to the care arrangements and other relevant matters in relation to the children, including parental responsibility. Parenting Orders can be made by Consent if the parents can agree, or by the Court in circumstances where the parents cannot agree.
In the event your matter is litigated, you will obtain parenting Orders from the Court.
Parenting Orders can address many of the areas that a parenting plan can, however parenting Orders cannot deal with enforceable child support matters.
Parenting Orders are intended to apply until the children are 18 years old and can only be amended or set aside in limited circumstances. In the event parents agree that the Orders should be amended or set aside they can do so by entering into a subsequent parenting plan. If parents cannot agree, and seek the assistance of the Court, they must be able to show that there has been a substantial change in circumstances.
Parenting Orders are binding and enforceable and create legal obligations for each parent to comply with the terms of the Orders. In the event a parent breaches the terms of the parenting Orders, it is open to the other parent to make a contravention application to the Court. If a parent is found to be in contempt of the Orders, the Court may impose a fine and/or term of imprisonment.
To obtain further information please contact us on 02 6225 7040, by email info@rmfamilylaw.com.au or get started online now by clicking here.