It’s essential for parents to carefully consider their options and seek legal advice if necessary to ensure that any agreements reached are in the best interests of their child.
When it comes to formalising care arrangements for children after separation, parents are often faced with the decision of whether to enter into a Parenting Plan or apply for the Court to make Consent Orders.
- Enter a Parenting Plan or
- Apply for the Court to make Consent Orders.
While both options aim to provide clarity and structure for co-parenting, they differ in several key aspects that can significantly impact parents’ rights and responsibilities
Both types of agreements have benefits and disadvantages, which will impact parents differently depending on their circumstances.
What is a parenting plan?
A parenting plan is a written and signed voluntary agreement between parents under the Family Law Act 1975 dealing with aspects of the care, welfare, and development of a child, including:
- Who becomes the child’s primary carer
- Scheduled time for the child to spend with each parent or other persons.
- Practical concerns of a child’s day-to-day living.
- How parent will discuss for mutually agreeing upon important, long-term parenting matters; and
- Child maintenance.
Parenting plans are characterised by their flexibility, as they can be modified or updated at any time by mutual agreement of both parents – provided that changes are documented in writing.
While parenting plans typically involve the child’s biological parents, they can also include other relevant individuals, such as step-parents or grandparents, who play a significant role in the child’s life under the Family Law Act 1975.
Are parenting plans legally binding?
The lack of legal force is a drawback of parenting plans. In the event that one parent fails to fulfil their obligation under the agreement, the other parent does not have any immediate legal options.
A parenting plan’s terms are considered by the court in the event that legal proceedings eventually take place, but the court is not required to adhere to them. Based on its evaluation of what is best for the child or child’s best interest, the court will issue the Orders in question.
Parents who wish to keep control of their parenting arrangement but don’t want to spend a lot of money or go to court may find that parenting plans are the best option.
Should I enter a parenting plan?
Entering into a parenting plan requires a willingness from both parents to collaborate and negotiate in good faith. It involves reaching mutual agreements on various aspects of parenting, including custody, visitation, and major decision-making responsibilities.
Separated parents may consider entering a parenting plan where:
- They can freely communicate about issues pertaining to the child; and
- They want structure in their co-parenting arrangement.
A parenting plan may be suitable for parents who can communicate effectively about issues concerning their child. Effective communication is essential for co-parenting success, as it enables parents to collaborate and make decisions in the best interests of their child.
Parents who seek structure and clarity in their co-parenting arrangement may opt for a parenting plan. By outlining specific arrangements for the child’s care, visitation schedules, and decision-making processes, a parenting plan can provide a clear framework for both parents to follow.
For parents who wish to avoid the formalities and potential adversarial nature of court proceedings, a parenting plan offers an alternative solution for resolving parenting disputes. By working together to create a plan that meets the needs of their child, parents can avoid the time, expense, and emotional stress associated with litigation.
What is a Consent Order?
The use of consent orders is an alternate means of formally establishing a parenting arrangement. If all parties can come to an agreement, the Federal Circuit and Family Court of Australia (FCCOA) can make a consent order.
The parties can submit an Application for Consent Orders to the FCFCOA if they are able to come to an agreement. The proposed orders will be made into legally binding court orders if the Registrar determines that they are in the best interests of the child.
Court Orders are legally enforceable. Penalties for parents who violate an Order without a legitimate reason can range from financial compensation for the time they’ve spent apart from their children to, in the worst cases, imprisonment.
When one party has the potential to break the agreement, a Consent Order may be the best course of action. With a consent order in place, parents are less inclined to breach the agreement and there is a clear path to sanctions in the event that they do.
How do I apply for consent orders?
To apply for Consent Orders, you must complete and file the following documents with the FCFCOA:
- Proposed Consent Orders: Draft a document outlining the agreed-upon terms and arrangements between the parties regarding parenting, property, or financial matters.
- Application for Consent Orders: Complete the official application form provided by the Federal Circuit and Family Court of Australia (FCFCOA). This form includes essential information about the parties, their children (if applicable), and the proposed orders.
- Notice of Child Abuse, Family Violence, or Risk: If relevant, complete and file this form to disclose any concerns or allegations of child abuse, family violence, or risk to the court.
You may be required to file other documents depending on your circumstances. A filing fee of $180 applies when filing an Application for Consent Order.
.A legal professional can provide tailored advice and assistance to help you navigate the process effectively and ensure the best possible outcome for all parties involved.
Contact Quill Legal for Expert Assistance with Family Law Matters
Applying for Consent Orders can be a relatively straightforward process with the right guidance and preparation. However, it’s essential to seek legal advice if you have any questions or concerns about your specific circumstances
Quill Legal is here to help! Our experienced family law team specialises in navigating the complexities of family law, including Consent Orders, parenting plans, property settlements, and more.
Schedule your free consultation now to discuss your options and take the next steps towards a positive resolution.
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