Recording Parenting Agreements: Parenting Plans vs. Consent Orders
If you have amicably resolved a parenting dispute with your ex-partner, it is recommended that you record your agreement as a Parenting Plan, or as a Consent Order.
A Parenting Plan is a document that sets out your parenting agreement, and is signed by both parties to the agreement. A Parenting Plan does not have to be filed with the Family Court and is recommended for people who want to make short term parenting arrangements because their circumstances may change.
Although not enforceable by the Family Court, the Family Court will have regard to a Parenting Plan if a party to a Parenting Plan does not adhere to the agreement.
Parents who reach agreement with respect to parenting matters, and who wish to formalise those arrangements, must file an Application for Consent Orders in the Family Court. Consent Orders are enforceable by the Court in case of any breach, and are recommended for parents who have reached Consent on long-term parenting arrangements.
Regardless of whether you decide to record your parenting agreement as a Parenting Plan or as a Consent Order, it is important that when negotiating parenting arrangements parents are guided by:
- What is in their child's best interests;
- Their responsibilities as parents;
- The need to minimise conflict with the other parent; and
- That if there is ever any dispute over parenting arrangements, parents try to resolve their dispute amicably, without the intervention of the Family Courts.
If you have any further questions in relation to Parenting Plans and Consent Orders, please contact our Family Law Section on 3236 2900.
Posted on 20th January 2010
