Parenting Plans & Post-Separation Arrangements for Children
There are numerous ways that parents can agree about arrangements for their children after separation. A verbal agreement between the parents may work well and be all that is required. In other cases, it may be necessary for a family lawyer to prepare a formal agreement that confirms post-separation arrangements for children.
Parents may prefer a written agreement in the form of a Parenting Plan. A Parenting Plan is a written record of an agreement between the parents about the care of their child or children. The Parenting Plan must be dated and signed by the parties. A Parenting Plan can be flexible in nature and may be periodically revised and updated as may be agreed between the parents. Parenting Plans are not legally enforceable, however.
If parents wish to secure a long-term agreement, which is not subject to change, they may consider formalising their agreement by way of a Consent Order. This will require an application to the Court. A Consent Order, once made, is legally enforceable and the terms of the Order will bind the parties until each child named in the order reaches the age of 18 years.
In circumstances where no agreement can be reached with regards to parenting arrangements, a parenting order from a family court may become necessary.
As children grow, and their needs change, parents may need to update their parenting agreement.
We can help you to decide which form of parenting agreement is right for you.