Written by: Taylor Wilson
Coming to a parenting agreement with your ex-partner regarding the future arrangements for your children is an important part of any separation. Effective parenting agreements can provide stability for children and minimise conflict between parents.
There are three main types of parenting agreements you can consider: informal agreements, parenting plans, and parenting orders. Each type has its own pros and cons, working well for some and not for others.
Before we look at the three different types of parenting agreements, read on to understand what a parenting agreement entails.
What is a Parenting Agreement?
A parenting agreement is an agreement, usually in writing, about care arrangements for children when parents separate. Parenting agreements ordinarily include:
- Who the child will live with
- Amount of time the child spends with each parent
- Plans for communication
- Childcare or schooling arrangements
- Health and medical care needs
- Religious or cultural traditions
- Plans for communication between parents
Three Types of Parenting Agreements
There are three main ways you can come to a parenting agreement that supports your children.
1. Verbal/Informal Agreement
You can reach a verbal or informal parenting agreement with your child’s parent about what time they will spend with each of you upon separation.
Who are Verbal Agreements Best for?
Verbal parenting agreements can be most suitable for parents who have a healthy co-parenting relationship and are able to communicate with each other productively.
They can also be suitable for families who are testing the waters of life as separated parents and need to try out arrangements before formalising them.
Pros of Verbal Agreements
- Quick to establish since no paperwork or legal process is required.
- Flexible format allows you to discuss and assess issues if they arise, or if life gets in the way and arrangements need to change.
- No costs incurred so both parents can avoid legal fees.
Cons of Verbal Agreements
- Not enforceable
- Cannot be used as evidence or provided to the Child Support Agency as evidence of a care arrangement.
- Potential for misunderstanding or misinterpretation about the agreement.
- Impossible to prove the terms that were agreed upon because there is no record.
- Lack of structure for the child if the agreement is flexible and constantly changed
2. Parenting Plan
A parenting plan is a written parenting agreement. They are usually signed by both parents and can be amended easily if both parties agree to the change.
There are no formal requirements for the structure of a parenting plan or the issues they will address.
Who are Parenting Plans Best for?
Parenting Plans are ideal for parents who wish to document the agreement reached but wish to maintain some flexibility in their co-parenting relationship.
Pros of Parenting Plans
- Flexible agreement that offers structure and stability for the child.
- Cost-effective option for parents looking to keep legal fees to a minimum.
- Easily customisable
- Can be as detailed or as basic as your family needs.
Cons of Parenting Plans
- Not enforceable, so there may be frequent compliance issues.
- No protection if one parent does not adhere to the plan.
- Unsuitable for high-conflict situations or complex family dynamics.
3. Parenting Order
A parenting order is a legally binding and enforceable decision made by a court that outlines the arrangements for the child after parents have separated. It can be made by consent between the parties, or by the Court.
Parenting orders have strict requirements for what can and cannot be included in them. They usually address issues like:
- Who the child will live with
- Time and communication spent with the other parent
- Education and medical decisions
- Aspects of the child’s care, welfare or development
Who are Parenting Orders Best for?
Parenting orders are suited for families with complex dynamics or high-conflict situations. They can also work well for families who wish to have certainty about their child’s arrangements without the need for frequent review or discussion.
Pros of Parenting Orders
- Legally enforceable and binding so there is no ambiguity about interpretation.
- Detailed provisions prevent potential issues with interpretation.
- Provides protection in high-conflict situations by removing the need for frequent agreements between parents who struggle to cooperate.
- The court considers various factors to ensure orders are in the child’s best interests.
Cons of Parenting Orders
- Less flexible compared to other arrangements since they are difficult to change
- Time consuming and potentially costly to obtain
- The court process can escalate conflict between parents due to its stressful nature.
Tips for Writing a Parenting Agreement
There are a few key factors you may want to consider when drafting your parenting plan. Keep reading for some helpful tips.
Consider Your Child’s Age
Consider the age of your child – do the proposed arrangements take into account that their needs will change as they grow up? A plan or order accounting for the needs of a 2-year-old may not be sufficient for a 12-year-old.
Outline How Disputes Will Be Resolved
Include avenues to resolve disputes about the agreement. Specify when and how disputes will be resolved if any issues come up with the agreement.
Plan How to Communicate
Consider how you will communicate going forward.
Are you amicable with one another and able to liaise by phone or in person if you need to discuss the needs of the child?
Or is the relationship volatile and communications would be better kept to emailing or a parenting communication app for non-emergencies?
Complete a post-separation parenting program to help better understand your child’s needs, and how best to support them through this difficult change. Some programs can also provide you with conflict resolution tools and co-parenting strategies to assist the transition.
Consider Flexibility Needs
Do you need the plan to be flexible and subject to change, or do you need your child’s parent to be committed to a rigid structure and care arrangement?
If you would like to learn more about how to create parenting plan, read our blog on crafting a parenting plan that works.
Crafting a Parenting Plan that works for Parents and Children
Is a Parenting Agreement Legally Binding?
Parenting agreements and parenting plans are not legally binding. Only a court order can legally bind the parties to their obligations within the order.
What Happens if You Break a Parenting Agreement?
A Court cannot enforce a parenting agreement, so there are no consequences from a legal perspective for doing so.
If You Break a Parenting Order
If you are found to have breached the terms of a parenting order, without a reasonable excuse, you may be subject to potential penalties including a fine or imprisonment.
The other party may file a contravention or enforcement application to seek that you comply with the terms of parenting order.
This may result in the court varying or suspending a parenting order and imposing penalties. They can also order compensation for the parent who lost time with the child as a result. You may also be ordered to attend a post-separation parenting program.
Need Help with a Parenting Agreement?
If you would like any more information on this matter or you would like help with a family law issue you can contact our family law solicitors on 07 5444 1022 or email the GP Offices at info@gpla.com.au
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 Family Law Team
