If you and your partner have separated, and you both have children, it can be emotional to think about the children’s future – where they will live, how much time they will spend with you. It can all be overwhelming when things are up in the air. To achieve consistency and a routine that works for your family, it is recommended to get parenting arrangements sorted. There are a few different ways to do this.
Parenting Plans
Parenting plans are a form of written agreement between you and your former partner outlining the parenting agreement you both come to. It must be signed and dated by both you and your former partner. Parenting plans are not legally binding; however, if there are future Court proceedings, the Court may place weight on the Parenting Plan.
Application for Consent Orders
Consent Orders are finalised through the Court. However, you are not required to appear before the Court. Your lawyer will assist you in filing an Application with the proposed Orders. The proposed Orders must be agreed to and signed by both parties. Consent Orders are legally binding, as they are finalised through the Federal Circuit and Family Court of Australia.
Parenting Orders
Parenting Orders are also made through the Court; however, they differ from Consent Orders. Parenting Orders are made after a hearing has taken place. Unlike Consent Orders, Parenting Orders are made by the Court when the parties cannot reach an agreement independently.
It is recommended that you speak to a solicitor about your options when it comes to making parenting arrangements. If you want an amicable solution that works for your family, contact Grace Family + Collaborative Law on 1300 414 855 to speak to an experienced Collaborative Family Law Solicitor.