Separation or divorce brings major changes, especially where children are involved. For many parents, the biggest question is what happens next. This post will explore how parenting agreements can be formalized in Australia, through Parenting Plans or Parenting Orders, and what parents should know about each option.
Table of Contents
Key Takeaways
What Are Parenting Arrangements?
Parenting arrangements refer to the living and care arrangements for children after their parents separate or divorce. They outline key aspects of a child’s life, including where they will live, how much time they’ll spend with each parent, and how decisions about their care, cultural needs, and upbringing will be made.
These arrangements can be formalized in several ways:
No matter the format, the ultimate goal is to prioritize the children’s best interests and well-being.
What Is a Parenting Plan?
A Parenting Plan is a voluntary, written agreement between parents. It must be signed and dated by both parties. This type of plan is flexible and can be easily changed as circumstances evolve.
While not legally enforceable, a court will consider a Parenting Plan as evidence of what parents previously agreed to. In the event of a future dispute, a court will often treat it as a “starting point” for any legal resolution.
A Parenting Plan can cover a variety of topics, such as:
What Are Parenting Orders?
Parenting Orders are made by the Federal Circuit and Family Court of Australia (FCFCOA) and are legally binding and enforceable. They can be made in two ways:
When making these orders, the court’s primary consideration is the best interests of the child under the Family Law Act 1975.
Key Differences: Parenting Plans vs. Parenting Orders
The main difference between the two is legal enforceability. While a Parenting Plan is an expression of goodwill and agreement between parents, Parenting Orders are a legal document with serious consequences for non-compliance.
Here’s a simple breakdown:
| Aspect | Parenting Plan | Parenting Order |
|---|---|---|
| Legal Status | Not legally binding | Legally binding and enforceable by the court |
| Flexibility | Highly flexible, can be changed anytime by agreement | Less flexible, changes require formal court application |
| Requires Court | No court involvement needed | Made by the Federal Circuit and Family Court of Australia (FCFCOA) |
| Ideal Use | Amicable separations where parents can cooperate effectively | High-conflict situations or cases with safety concerns |
Can a Parenting Plan Become a Court Order?
Yes, a Parenting Plan can become a Court Order if both parents agree to formalise it. This is done through a Consent Order, where both parents submit their parenting plan to the court for approval.
Once the plan is filed with the court and a judge is satisfied it is in the children’s best interests, it becomes a legally binding court order, enforceable by law.
When Should You Consider Parenting Orders?
While a Parenting Plan may work for many families, Parenting Orders may be a better option when:
Tips for Creating a Parenting Plan
Your parenting plan should be practical, simple, and as concrete as possible. While every plan is unique, here are a few things to consider:
Where to Get Help
Separated parents can seek support from a variety of resources:
Frequently Asked Questions
Are Parenting Plans legally enforceable in Australia?
No, Parenting Plans, though written agreements, are not legally enforceable.
Do Parenting Orders override a Parenting Plan?
Yes, Parenting Orders are legally binding and will override any prior Parenting Plan in all circumstances.
Can Parenting Orders be changed?
Yes, Parenting Orders can be changed, but you must apply to the court to have the change made official. The court will only approve a change if it is in the child’s best interests.
Is the Court always necessary to make a parenting arrangement?
No, you can create a voluntary Parenting Plan without court involvement. In fact, the court encourages parents to resolve disputes outside of the courtroom.
What happens if a parent breaches a Parenting Order?
Breaching a Parenting Order can lead to serious penalties, which may include fines, changes to the order, or an order to attend a parenting program. The severity of the penalty depends on the nature of the breach.
