When separating from a partner, setting up a parenting arrangement is crucial to ensure a stable environment for your children. Family law in Australia offers several pathways for documenting these arrangements, each with different levels of formality and enforceability. Let’s explore the main options—informal arrangements, parenting plans, consent orders, and court orders—so you can determine which might be right for your family.
1. Informal Arrangements
What It Is
Informal arrangements are verbal agreements or understandings between parents regarding their children’s care. These arrangements are based on mutual trust and do not involve written documentation or court intervention.
Why Choose It?
An informal arrangement can work well if you and your co-parent have a strong, cooperative relationship and feel confident in making flexible arrangements as circumstances change. It’s also cost-effective and can easily adapt to the needs of both parents and children.
Important Note
While informal arrangements allow for flexibility, they are not legally binding. This means that if a disagreement arises, neither parent has a legal document to fall back on. For those who need a more structured and enforceable option, a parenting plan or consent order might be a better choice.
2. Parenting Plans
What It Is
A parenting plan is a written agreement that sets out the practical details of your parenting arrangement. It covers aspects such as living arrangements, visitation schedules, holidays, communication with the children, and major decision-making responsibilities.
Why Choose It?
Parenting plans are a great option if you’re looking for a flexible yet documented arrangement. They are signed and dated by both parents, making them a recognized agreement under the Family Law Act, even though they are not legally enforceable. This approach encourages cooperation while allowing for adjustments over time.
Important Note
While parenting plans are not legally enforceable, they can carry weight in court if a dispute arises later. Courts may consider the parenting plan as a reflection of the parents’ intentions and what was initially agreed upon, so it’s essential to approach this option thoughtfully.
3. Consent Orders
What It Is
Consent orders are legally binding documents that outline parenting arrangements, submitted to and approved by the court without the need for a hearing. Both parents must agree to the terms and provide written consent.
Why Choose It?
Consent orders are ideal if you want the flexibility of a mutual agreement with the enforceability of a court order. Once the court approves the consent orders, they become legally binding, meaning that both parents are obligated to comply. This can be especially useful if there is a risk that one party may not follow through with the agreement.
Important Note
While consent orders are legally binding, they allow for some flexibility if both parents agree to modify the arrangement. However, it’s recommended to document any major changes and submit them to the court for approval.
4. Court Orders (Final Hearing)
What It Is
If parents cannot agree on a suitable parenting arrangement, they may need to proceed to a court hearing, where a judge will determine the arrangement based on the best interests of the child. This is typically the last resort in family law disputes.
Why Choose It?
Court orders provide a legally enforceable arrangement decided by a judge, which can be helpful if there are significant disputes, safety concerns, or communication breakdowns. These orders provide clear guidance and protect the child’s best interests when parents cannot find common ground.
Important Note
Court orders can be inflexible and costly, and parents have less control over the final outcome since a judge makes the decisions. For this reason, it’s often best to try other options like a parenting plan or consent orders first.
Which Option is Best for You?
Deciding on the best way to document your parenting arrangement depends on your relationship with the other parent, the needs of your children, and the level of enforceability you’re looking for. Informal arrangements may work well for cooperative parents, while those needing legal security might prefer consent orders or court intervention.
Need Help Formalizing Your Parenting Arrangement?
At Coastal Lawyers, we can help you understand which option suits your family best and assist in drafting or submitting the necessary documents. Contact us today to take the next step in creating a stable, clear arrangement for your children’s future.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.