By Emily Austin
There are several ways to formalise parenting arrangements for children. Here, we summarise these in order of most amicable to least.
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Voluntary Agreement:
This is a voluntary agreement made between parents that are merely verbal and are not formally recorded.
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Parenting Plan:
This is also a voluntary agreement made between parents but that are reduced to writing and executed by parents.
The parenting plan will include agreements about the day-to-day responsibilities of each parent, the practical considerations of the children, and how the parents will agree and consult on any issues that arise in the future.
The benefit of a parenting plan is that it can be amended to suit the developing needs of children without need for court proceedings. This can be a benefit if children are very young as their needs will invariably change as they grow older and commence time at school and other extra-curricular activities. Further, if negotiations are occurring between the parents, a parenting plan is a useful tool to ensure interim arrangements are set down, pending a final resolution of the matter.
The disadvantage of a parenting plan is that it cannot be enforced by a Court or the police. If a parent fails to comply with the terms of the parenting plan, there is no avenue to enforce the terms of the agreement. Notwithstanding this, a Court will take into account any parenting plan entered into by the parties if there is a subsequent application made to the Court for parenting orders to be made.
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Consent Orders:
Where parents reach an agreement about the parenting arrangements for their children and wish for them to be enforceable, parents can enter into an Application for Consent Orders that are filed with the Court and approved by a Registrar having regard to the “best interest principles” set out in the law.
Should a party contravene an order, then the other party can apply to the Court to have the them punished for the contravention.
A possible disadvantage to entering into consent orders is that it does not provide flexibility to change the arrangements for the children unless it is agreed to by both parents.
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Commencing Court Proceedings:
Where parents have intractable issues that cannot be resolved, then it may be necessary to consider commencing Court proceedings in the Federal Circuit and Family Court of Australia.
The commencement of Court proceedings should always be considered to be a last resort as it takes the decision-making power away from both parents and imposes an arrangement on a family that must be complied with. Although the Court is tasked with making orders that are in the “best interest” of the child, it cannot fully appreciate the practical application of those arrangements. It is for this reason that it is always preferable that parents come to arrangements between themselves.
Even where parenting proceedings have been instigated by a parent, this does not limit the ability of parties to enter into an agreement between them and submit consent orders to a Court.
Navigating which avenue is best suited to you and your family can be difficult process – please contact us if you would like to discuss.
Tiyce & Lawyers: We are here when you need us.
