Parenting plans offer a flexible, cooperative approach to post-separation parenting arrangements. They focus on the best interests of the children while avoiding the cost, formality and potential adversarial nature of court proceedings.
What is a Parenting Plan?
Parenting plans are written agreements between separated parents that outline arrangements for the care of their children.
Parenting plans can cover various aspects of parenting, including:
- Where the child will live
- Time spent with each parent
- Decision making responsibilities
- Communication between parents and children
- Financial support
- Travel arrangements
- Dispute resolution processes.
Parenting plans can be easily amended by agreement as the needs and circumstances of the children change.
Crafting a Parenting Plan that works for Parents and Children
How Can I Make a Parenting Plan Enforceable?
The short answer is – you can’t. Parenting arrangements are only enforceable once they are contained in Court orders. If you already have a parenting plan in place, the court may consider it when making decisions about the children’s best interests.
If the parties are amicable and the parenting plan has been successful, parties may elect to enshrine the parenting plan in an application for consent orders.
If the relationship is not amicable, a party can commence proceeding with the Court by filing an application for parenting orders. The court has strict pre-action protocols that must be followed before an application is filed. The parenting plan can also be used as evidence in contested parenting proceedings.
What if the Parenting Plan is Breached?
Parenting plans are not legally binding and therefore not enforceable by the Court. This means there is no legal penalty if a party breaches the parenting plan and the party seeking compliance with the parenting order will not have a remedy available at law.
If a parenting plan is breached, the parties can attempt to resolve any issues through open and honest communication. If that fails, mediation can assist and help the parties reach an agreement.
If the breach is serious in nature (for example, if it involves child abuse or family violence) contact the police immediately.
Seek Legal Advice if a Parenting Plan is Continually Breached
Parenting plans are a straightforward way of agreeing to your children’s care on the breakdown of your relationship.
If issues arise and the parties cannot agree on a plan, or if a plan is continually breached, it is best to seek independent legal advice from a family lawyer.
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Disclaimer:
The information contained in this article is for general informational purposes only and is not intended to provide legal advice or substitute for the advice of a professional. This information does not consider your personal circumstances and may not reflect the most current legal developments. Should you need advice, please contact our firm for targeted information relating to personal your situation.
Greenhalgh Pickard’s Team of Family Lawyers
