When parents separate, one of the most important decisions they must make is how to organise care arrangements for their children. In Australia, parents are encouraged to work together to develop parenting arrangements that focus on the best interests of the child.
One way to do this is through a parenting plan, which allows parents to outline their agreed arrangements without going to court. Understanding how parenting plans work and how they differ from parenting orders, can help separated parents make informed decisions about their family arrangements.
What Is a Parenting Agreement?
A parenting agreement refers to any arrangement parents make about the care and upbringing of their children following separation. Ideally, parents are able to reach their own agreement that prioritises the child’s needs and wellbeing.
Parenting agreements can take several forms, including:
- Oral agreements between parents
- Written parenting plans
- Consent orders, which are formal agreements approved by a court
Each option provides a different level of formality and legal enforceability. While informal agreements may work well for some families, others may require more formal arrangements depending on their circumstances.
What Is a Parenting Plan?
A parenting plan is a written agreement between parents that outlines arrangements for the care of their children. To be valid, a parenting plan must be written, signed and dated by both parents.
Parenting plans are commonly used because they are more flexible, less stressful and more affordable than going through court proceedings for parenting orders.
Unlike court orders, parenting plans are not legally enforceable. However, they can still provide clear guidance for parents about how to manage parenting responsibilities and avoid misunderstandings.
Another advantage of parenting plans is that there is no required format, allowing families to tailor the agreement to suit their specific circumstances.
How Is a Parenting Plan Different From Parenting Orders?
The key difference between parenting plans and parenting orders is legal enforceability.
A parenting plan is a private written agreement between parents and does not carry legal enforcement through the court system. In contrast, parenting orders are legally binding court orders that must be followed.
Parents can apply for parenting orders in two ways:
- By asking the court to determine arrangements if they cannot agree
- By applying for consent orders, which formalise an agreement already reached between parents
Some families begin with a parenting plan and later apply for consent orders if they want their agreement to become legally binding.
What Can Be Included in a Parenting Plan?
Parenting plans can cover a wide range of arrangements relating to the care, welfare and development of a child.
Common topics included in parenting plans are:
- Where the child will live
- How much time the child will spend with each parent
- How parents will make major long-term decisions for the child
- The child’s relationship with extended family or other important people
- How parents will communicate and consult with each other
- Steps to take if disagreements arise in the future
- Processes for reviewing or updating the agreement as circumstances change
Because children’s needs change as they grow, parenting plans can be updated over time to reflect new circumstances.
When Should Parents Consider Parenting Orders?
In some situations, parents may not be able to agree on parenting arrangements. When this occurs, the court may need to step in to determine what arrangements are in the best interests of the child.
Parents may also choose to apply for parenting orders even if they already have an agreement. This is often done through consent orders, which allow parents to formalise their agreement while avoiding a contested court hearing.
Parenting orders provide legal certainty and enforceability, which can be helpful in more complex family situations.
Key Things to Consider When Making Parenting Arrangements
When developing a parenting agreement or parenting plan, the most important consideration should always be the best interests of the child.
Parents should think carefully about several factors, including:
- Who the child will live with and spend time with
- How major decisions about the child’s education, health and wellbeing will be made
- The child’s relationship with siblings, extended family and other important people
- How parents will resolve disputes if they arise
- Steps to take if the arrangement no longer reflects the child’s needs
Taking a child-focused approach helps ensure that parenting arrangements support the child’s wellbeing and development.
Getting Help With Parenting Agreements
Many parents benefit from professional support when developing parenting arrangements after separation. Family dispute resolution services and community-based family support organisations can assist parents in reaching agreements that work for their family circumstances. These services often provide practical guidance, examples of parenting plans and support for resolving disagreements constructively.
For more information on how to apply for a parenting plan, visit this Australian Government resource that will guide you through the next steps:
How do I apply for parenting orders? | Federal Circuit and Family Court of Australia
If you require some extra assistance, reach out today for a consultation and let us take the burden off your shoulders. We are here to help you.
📞 02 4081 0855
📧 hello@familylawco.com.au
🌐 familylawco.com.au
This blog is for informational purposes only and does not constitute legal advice. If you need advice tailored to your specific situation, consult one of our family lawyers in Newcastle or Maitland.
