Parenting Plan vs Parenting Orders: Finding the right fit for your family

When navigating the aftermath of a separation involving children, clarity on the distinction between Parenting Plans and Parenting Orders is crucial.

These legal instruments serve distinct purposes, each tailored to different circumstances to prioritise the best interests of the children involved.
  • Parenting Plans are written agreements between parents but are not legally binding.

  • Parenting Orders are legally binding and enforceable by the Court.

When to consider a Parenting Plan

If the relationship is amicable, a Parenting Plan may be the best and most cost-effective option for parents and other parties involved in the care of the child.

A Parenting Plan is an informal written agreement between parents, or other parties involved in the care of a child, that outlines the arrangements for the care, welfare and development of the child post-separation.

The main disadvantage of a Parenting Plan is that it is not filed with the Court and therefore not legally binding. However, it serves as a flexible tool that accommodates the unique needs and circumstances of each family.

Parenting Plans typically include:

  • Parental Responsibilities: Detailing how major decisions regarding the child’s upbringing (education, health, religion, etc) will be made.
  • Parenting Time: Specifying the time each parent will spend with the child, including weekdays, weekend, holidays and special occasions.
  • Communication: Outlining methods and frequency of communication between the child and each parent when they are not in physical custody.
  • Dispute Resolution: Establishing mechanisms for resolving disputes that may arise in the future regarding the implementation of the Plan.
  • A future date for the Plan to be reviewed or for the parties to attend mediation.

While not legally binding, the Court will consider a Parenting Plan if there are future Court proceedings to determine the child’s best interests. They also serve as valuable resource for demonstrating the intentions and agreements reached by the parents regarding the care and upbringing of the child at a point in time.

When to consider a Parenting Order

If parents require a legally binding and enforceable arrangement, then a Parenting Order is needed.

A Parenting Order is a formal, legally enforceable document issued by the Court.

It outlines specific legal obligations concerning parenting arrangements, decision making responsibilities and other matters relevant to the child’s well-being and safety.

Parenting Orders can be made either by mutual consent of the parties, through Consent Orders, or by the Court after consideration of the circumstances of the case and prioritisation of the child’s best interests.

The main features of Parenting Orders include:

  • They are specific: Parenting Orders provide clear and detailed instructions regarding parenting arrangements, decision-making responsibilities and any other relevant matters concerning the child.
  • They create binding legal obligations: Once issued by the Court, a Parenting Order is legally binding on both parents and any other relevant parties.
  • There are options for Enforcement/Contravention: If one party fails to comply with the terms of a Parenting Order, the other party can seek enforcement through the Court or file a contravention application, which may involve penalties for non-compliance.
  • They are difficult to change: Parenting Orders remain in place until a child turns 18 years of age and are difficult to change. They can be varied or revoked by the Court upon application if circumstances change or if the existing order no longer serves the child’s best interests, although this can be difficult to establish.

Parenting Orders are particularly crucial in situations requiring legal certainty and enforceability, especially where cooperation between parties is challenging or where there are safety concerns.

While both Parenting Plans and Parenting Orders aim to provide stability for children following parental separation, they differ significantly in legal status and enforceability. Parenting Plans offer flexibility and encourage parental cooperation, while Parenting Orders provide a legally binding obligation underpinned by the authority of the Court.

Consulting with an experienced Family Lawyer helps parents navigate these complexities and determine the most suitable approach to safeguarding their child’s well-being following separation.

How can a Family Lawyer help?

An experienced Family Lawyer can provide invaluable expertise that can make all the difference in securing the best possible outcome for your family. Their specialised knowledge ensures that Parenting Plans are meticulously crafted with precision, addressing every detail and potential issue to create a clear, flexible framework for a smooth post-separation arrangement. For Parenting Orders, their expertise guarantees that these legally binding documents are accurate, enforceable, and tailored to your family’s unique needs.

By engaging a specialised Family Lawyer, you can have peace of mind knowing a professional is expertly navigating the complexities of Family Law to safeguard your child’s well-being and reducing the risk of future disputes. Their expertise helps to avoid costly mistakes and ensures that your parenting arrangements are fair, effective, and sustainable. Securing an experienced family lawyer is an investment in your family’s future stability and harmony.

Whether you are negotiating arrangements amicably or require court intervention to formalise agreements, we are here to assist in achieving optimal outcomes for your family’s future.

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The information in this article is not legal advice and is intended to provide commentary and general information only. It should not be relied upon or used as a definitive or complete statement of the relevant law. You should obtain formal legal advice specific to your particular circumstance. Liability limited by a scheme approved under Professional Standards Legislation.

Author
Senior Associate Solicitor
Accredited Specialist (Family Law)