Parenting Agreements
Noosa

A parenting plan is a dated, signed, written document that details your agreed arrangements with the other parent for the care of your child or your children. Your parenting plan does not need to follow a particular format and it does not need to be witnessed. You do not have to formalise your parenting plan.

Note that a parenting plan is not legally enforceable. You can use your parenting plan as the foundation for Consent Orders if you wish to have a registrar seal your Orders in Court. A court will consider your most recent parenting plan if you apply for Court Orders down the track.

The benefit of a parenting plan is that it can save you money and stress, but it may not give you the certainty you need if your circumstances mean that an enforceable agreement will serve the best interests of your child or children better.

If there are no current court proceedings you can formalise your parenting agreements by applying for Parenting Orders by Consent. Parenting Orders by Consent are arrangements that you and the other parent agree that are filed and approved in the Court. This means that Parenting Orders by Consent are enforceable. This makes Orders by Consent a good option if your circumstances require an added layer of accountability, certainty and protection for your children. You can also use Consent Orders to discharge or vary existing family law orders.

There is a special Court form for a Consent Order that you can download on the Federal Circuit and Family Court of Australia website. The Court will review the orders you are seeking, with regard to the best interests of your children.  The Consent Orders form must be dated, signed and witnesses. In order for your Consent Orders to have legal effect, the Court must approve the orders.

While you do not have to have a lawyer to complete the Consent Order form for you, you should get legal advice before you file this document. Talk to the Anumis Legal Dream Team Now.

If you and your former partner cannot agree a parenting plan, then you will have to apply to the Federal Circuit and Family Court of  Australia for Parenting Orders. While Consent Orders are filed to encapsulate and agreement between parents and approved and sealed by the court, and therefore binding on the parents, Parenting Orders are made by a Judge or Senior Judicial Registrar in a case where parents cannot agree.

A parenting order sets out the responsibilities of parents and other carers and it may include:

• Where and with whom the children live
• With whom the children spend significant time
• Who the children communicate with and how the communication is to occur
• Travel
• Schooling
• Medical Treatment
• Changeovers
• Any other issues

If two or more people share parental responsibility for the long-term decisions, a Parenting Order can cover how the parents will communicate with each other about arrangements and decisions for the child/children, such as  Coparenta, Cozi App, 2Houses or Talking Parents.

Both parents must be part of the Parenting Order, and you can apply for a parenting order if you are the child’s parent or any other person concerned for the welfare of the child, such as a grandparent. If the court requires more information to decide on what is in the best interests of the child or children, the Court may ask for a report from a family consultant or social worker.

The main consideration of the court is the child’s best interests. This includes:

• Protection from physical or psychological harm
• A meaningful relationship with both parents (if safe to do so)
• Whether parental responsibility for long-term decisions is equal
• Both parents’ attitudes to their parenting responsibilities
• Factors of child abuse, risk, family violence and other issues

The court considers the age, emotional and intellectual maturity of the child in taking into account the wishes of the child.

Breaching a Court Order is serious. You or your former partner will require a reasonable excuse, if a Court Order is not followed. The Court can:

• Change the existing Order
• Impose severe penalties including jailtime, fines and community work.
• Order you to participate in a parenting program run by an approved counselling service.

If your situation is urgent, you can apply for interim parenting orders to cover you from the time they are made, until final parenting orders are put in place.