During family law matters, one of the primary considerations is how to keep the children’s best interests at the forefront of all decisions, especially when determining how to care for the children. Navigating the appropriate parenting arrangements is crucial in engaging with this, and if you and the other party can agree on the parenting arrangements for your child, there are two legal tools to assist parents in managing their parental rights and responsibilities. These include a formalised parenting consent order through the Court, and an informal parenting plan, both of which have their benefits and limitations in assisting parents with post-separation arrangements. This article will explore what each of these options entails, to allow you to understand determine which option is applicable to your family law matter.

Parenting Consent Orders

Parenting Consent Orders are a document formalised through the Court, setting out the agreed arrangements for your child between you and the other party.

As the Court recognises these orders, they are legally binding and as a result, breaching an order could lead to serious consequences including imprisonment or a fine as an extreme penalty. When applying for parenting consent orders, the Court will ensure that the orders are in the best interests of the child. It should be noted that once the application is formalised, consent orders offer limited circumstances for amendments in the future.

Sect 64(B) of the Family Law Act stipulates a number of elements that a parenting order may deal with. This includes the person with whom a child is to live, the time spent by the child with each party, the allocation of parental responsibility, child maintenance, and other factors in relation to the care, welfare of development of the child.

It is important that before you and the other party enter or apply for consent orders, you should seek independent legal advice. Application for consent orders can be made by you and the other party without going to Court, through filing the application online with the Federal Circuit and Family Court of Australia online portal.

Advantages of Parenting Consent Orders

  • Legally enforceable so you get protection that the arrangements must be followed
  • Cost-effective, as it avoids you having to litigate through Court to have a Judicial Officer make a decision
  • Only can be set aside or varied if there are reasonable grounds satisfied by the Court to do so, or there is agreement between both parties
  • The Court considers the best interests of the child, including safety and risk
  • Protection is available for both the parent and/or child if there is experiences of abuse or family violence

Disadvantages

  • If the orders are not drafted clearly or lack necessary detail, misunderstandings or disputes may occur between the parties and it is difficult to obtain new orders (unless by consent)
  • If you and the other party cannot agree on new parenting arrangements, it can be difficult to change the current consent orders and you are technically required to follow them as they are a Court order.

Parenting Plan

A parenting plan differentiates from consent orders as it is not legally enforceable, however are still carefully regarded in family law matters.

Rather, it is a voluntary agreement between you and the other party on the day to day responsibilities of each parent to the child. As it is an informal written agreement, you and the other party do not have to go to Court to commence a parenting plan and you cannot be punished by the Court for not following the arrangements set out in the plan if you choose to stop following it.

A parenting plan offers some flexibility in the sense that there are no rules on how it can be set out – it can be as detailed or as simple as you and the other party wish to make it, as well as offering you and the other party the ability to change it at any time as long as there is mutual agreement. It can also be utilised to change your parenting order by entering into a subsequent parenting plan.

When creating a parenting plan, it can cover the following issues:

  • Parental responsibility for your child
  • Who your child lives and spends time with
  • The communication your child has with the other parent and family members
  • Child financial support
  • The process you will undertake to resolve parenting disputes and changing the parenting plan
  • Any other elements in relation to the care, welfare and development of your child

Advantages of a Parenting Plan

  • Flexible – there are minimal rules you are required to follow when making a parenting plan
  • The agreement can be changed at any time which may be beneficial if there are a change in circumstances
  • Cost effective – do not need to pay any Court costs or fees
  • If you end up in Court later, the Court will take into consideration the terms of your parenting plan in helping it make a decision on what parenting orders are appropriate

Disadvantages

  • If the terms are not stated clearly or lack necessary detail, misunderstandings or disputes may occur between the parties
  • Not legally enforceable – can be revoked at any time by either party

Resources for Deciding Between Parenting Agreements

Legal Aid NSW at https://www.legalaid.nsw.gov.au/my-problem-is-about/my-family-or-relationship/parenting/parenting-agreements#advantages-and-disadvantages-of-parenting-agreements

Family Court at https://www.fcfcoa.gov.au/fl/children/agree

RAMSDEN FAMILY LAW – HOW WE CAN HELP

If you face such a situation, consult our experienced family law specialists at Ramsden Family Law. We are here to provide you with the necessary legal support and guidance to protect your family’s best interests during this challenging time. Empathy and understanding are crucial to helping clients through these difficult situations.

Our team of dedicated family law specialists brings extensive experience to the table. We understand the nuances of family law cases involving substance abuse and criminal elements. We offer comprehensive legal support tailored to your specific situation. Whether you’re dealing with parenting disputes, family violence issues, or custody battles, we have the expertise to guide you.

We recognise the emotional and personal challenges you may face in these situations. Our approach is rooted in empathy, ensuring you receive the support you need during difficult times. Our primary goal is to safeguard your family’s well-being and best interests. We work diligently to achieve outcomes that prioritise your family’s future.

Every family law case is unique. We provide customised solutions and legal strategies tailored to your specific circumstances. Ramsden Family Law has a strong track record of successfully handling family law cases, including those involving substance abuse issues.

If you’re facing family law challenges related to substance abuse or criminal law, don’t hesitate to contact Ramsden Family Law. Your family’s future is our top priority, and we’re here to provide the guidance and support you need.

The content of this article is intended to provide general guidance to the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.

 

Written by Reece Ramsden

Posted in: Latest News, Parenting

November 11 2024