If you are separating and have children, you and your former partner will need to put in place new care arrangements for your children.
The most immediate focus for separated parents is usually what days and times the children will live with or spend time with each parent.
It is usual to have a set parenting routine during school terms, often a different routine during school holidays, and special arrangements for occasions such as birthdays, Christmas, Father’s Day and Mother’s Day. Many parents also put in place set arrangements for telephone time or Facetime.
For some families, there are additional parenting issues which need to be considered, such as what school the children will attend, particularly if the family home is being sold and one or both parents are moving to a new location, further away from the children’s existing school. Other arrangements may be needed in relation to what religious instruction the children will receive, how decisions will be made and implemented about the children’s health care, allowances or restriction on taking the children interstate or overseas and attendances and enrollment at extracurricular activities.
You and your former partner may be able to agree these arrangements for your children between yourselves. Or you may need the assistance of lawyers, mediators or the Court to determine the arrangements.
Once the parenting arrangements have been determined, most parents will want to document the arrangements in some way, so that there is no confusion or dispute about the arrangements and so that each parent has certainty about the arrangements to allow them to forward plan.
There are 2 options available to parents who wish to document and formalise parenting arrangements:
- Parenting Plans.
- Parenting Orders.
What is a Parenting Plan?
A Parenting Plan is a written, signed and dated agreement made between parents about arrangements for their children. It may be prepared by the parents themselves, or by lawyers or a mediator. It is not reviewed by the Court or registered with the Court.
What is a Parenting Order?
Like a Parenting Plan, a Parenting Order details arrangements for children. If both parents agree the arrangements, the Court will review those arrangements and provided the Court is satisfied that the arrangements are in the best interest of the children, it will confirm the arrangements as a Court Order, often referred to as a Consent Order. If parents cannot agree the arrangements, the Court will determine the arrangements and make them as a Court Order.
Differences between Parenting Plans and Parenting Orders
Parenting Plans and Parenting Orders both set out arrangements for children, for example, who the children live with and spend time with and other aspects of the children’s care, welfare and development.
However, unlike Parenting Plans, Parenting Orders create obligations that are legally enforceable through the Courts.
Parenting Orders are also harder to change than Parenting Plans. If one parent wants to change the arrangements in a Parenting Plan, but the other parent does not agree, an application can be made to the Court for Parenting Orders. In contrast, if there are Parenting Orders already in place and one parent wants to change the arrangements in the Parenting Orders, but the other parent does not agree, the parent who wants to change the arrangements will need to convince the Court that there has been a material change of circumstances since the Parenting Orders were made, before a Court will consider making new Parenting Orders.
Parenting Plans also sometimes cover broader and less tangible issues than Parenting Orders, such the values or beliefs that parents will instill in their children.
Should I choose a Parenting Plan or Parenting Order?
You might consider entering into a Parenting Plans with your former partner if you have a reasonable level of trust and cooperation with one another and want greater flexibility with arrangements for your children going forward. A Parenting Order will be more appropriate where the other parent is less cooperative or prone to unilaterally changing arrangements.
We can help with Parenting Plans and Parenting Orders
Our family lawyers can advise you about appropriate arrangements for your children, based on your particular family situation and help you reach agreement with your former partner, or obtain a Court determination about those arrangements. Once the arrangements have been agreed or determined, our family lawyers can prepare a Parenting Plan or Court Orders for you, to formalise those arrangements.
