Parenting orders and parenting plans are two different ways to formalize arrangements for your children after separation. Understanding the differences, benefits, and requirements of each is crucial for making the right choice for your family's circumstances.
Understanding the Difference
| Aspect | Parenting Plan | Parenting Orders |
|---|---|---|
| Legal Status | Not legally binding | Legally binding court orders |
| Enforcement | Cannot be enforced by court | Can be enforced with penalties |
| Cost | Free or low cost | Court fees and legal costs |
| Flexibility | Easy to change by agreement | Requires court application to change |
| Time to Create | Can be done quickly | Court process takes months |
Parenting Plans
What is a Parenting Plan?
A parenting plan is a written agreement between parents about the care of their children. It's not a court order, but it can be used as evidence in court proceedings if disputes arise later.
Benefits of Parenting Plans
- Flexibility: Can be easily modified as circumstances change
- Cost-effective: No court fees or legal costs required
- Privacy: Keeps family matters out of court
- Speed: Can be created and implemented immediately
- Cooperation: Encourages collaborative parenting
What Should a Parenting Plan Include?
- Living arrangements: Where children will live day-to-day
- Time arrangements: When children spend time with each parent
- Communication: How children will communicate with both parents
- Decision-making: Who makes major decisions about children
- Special occasions: Arrangements for birthdays, holidays, school events
- Transport: Who is responsible for getting children between homes
- Financial support: Child support and expense sharing
- Dispute resolution: How to handle disagreements
Creating an Effective Parenting Plan
Essential Elements
- Clear and specific: Avoid vague language that could cause confusion
- Realistic: Consider practical limitations like work schedules and distance
- Child-focused: Prioritize children's needs and best interests
- Comprehensive: Cover all important aspects of parenting
- Signed and dated: Both parents should sign and date the plan
Sample Parenting Plan Structure
- Introduction: Names, dates, children covered
- Living arrangements: Primary residence details
- Time schedule: Regular and holiday schedules
- Communication: Phone calls, video calls, messages
- Decision-making: Education, health, religious, extracurricular
- Transport: Pick-up and drop-off arrangements
- Special circumstances: Illness, emergencies, changes
- Review process: How and when to review the plan
Important: While parenting plans aren't legally binding, they can be powerful evidence in court if disputes arise. Courts often look favorably on parents who have tried to work together through parenting plans.
Parenting Orders
What are Parenting Orders?
Parenting orders are legally binding decisions made by the Family Court about parenting arrangements. They have the force of law and can be enforced through the court system.
Types of Parenting Orders
Consent Orders
- Parents agree on arrangements and ask court to make them legally binding
- No court hearing required if properly prepared
- Less expensive than contested proceedings
- Provides legal certainty while maintaining cooperation
Contested Orders
- Court makes decisions when parents cannot agree
- Requires court hearings and evidence
- More expensive and time-consuming
- Court decides based on children's best interests
When You Need Parenting Orders
- High conflict: When parents cannot cooperate or communicate
- Safety concerns: Risk of family violence or child abuse
- Relocation disputes: One parent wants to move with children
- Enforcement needed: When agreements are repeatedly broken
- International travel: May be required for passport applications
- Third party involvement: Grandparents or others seeking time
What Parenting Orders Can Cover
Parental Responsibility
- Equal shared parental responsibility (presumption)
- Sole parental responsibility (in exceptional cases)
- Specific decision-making responsibilities
Living Arrangements
- Where children live (primary residence)
- Shared care arrangements
- Supervised or restricted arrangements if necessary
Time Arrangements
- Regular time with each parent
- Holiday and special occasion arrangements
- Communication arrangements (phone, video, messages)
Other Provisions
- No relocation without consent or court order
- Specific conditions for child's welfare
- Requirements for counseling or programs
- Restrictions on introducing new partners
The Court Process for Parenting Orders
Before Going to Court
You must attempt family dispute resolution (mediation) unless:
- There are safety concerns or family violence
- The matter is urgent
- The other party refuses to participate
- You're seeking consent orders
Filing an Application
- Complete forms: Application and supporting documents
- File with court: Pay filing fees
- Serve other party: Provide copies of application
- Attend hearings: First hearing, case management, final hearing
- Receive orders: Court makes final decision
What the Court Considers
The court's primary consideration is the best interests of the child, including:
- Benefit of meaningful relationship with both parents
- Need to protect child from harm
- Child's views (depending on age and maturity)
- Nature of relationship between child and each parent
- Likely effect of changes to arrangements
- Practical difficulty and expense of contact
- Each parent's capacity to provide for child's needs
Choosing Between Plans and Orders
Choose a Parenting Plan When:
- Both parents can communicate and cooperate
- There are no safety concerns
- Flexibility is important for your family
- You want to avoid court costs and delays
- Circumstances may change frequently
Choose Parenting Orders When:
- There's high conflict between parents
- Safety concerns exist
- One parent doesn't follow agreements
- You need legal certainty and enforceability
- Third parties are involved
- International travel is planned
Modifying Arrangements
Changing Parenting Plans
- Can be changed anytime by mutual agreement
- Should be documented in writing
- Consider creating a new plan rather than multiple amendments
- If one parent won't agree, may need to seek parenting orders
Changing Parenting Orders
- Requires court application unless both parents agree
- Must show significant change in circumstances
- Court considers if change is in child's best interests
- Can be expensive and time-consuming
Enforcement and Breaches
Parenting Plan Breaches
- Cannot be enforced through court system
- May be used as evidence in future court proceedings
- Options include mediation or seeking parenting orders
Parenting Order Breaches
- Can result in serious penalties including imprisonment
- Court can order makeup time, counseling, or community service
- Repeated breaches may lead to changed arrangements
- Should be reported to court promptly
Key Advice: Start with a parenting plan if possible. It's often easier to work together initially and seek orders later if needed, rather than starting with an adversarial court process.
Practical Tips for Success
Creating Effective Arrangements
- Focus on children: Put their needs first in all decisions
- Be specific: Clear details prevent misunderstandings
- Plan for changes: Include review mechanisms
- Consider logistics: School, work, distance, transport
- Include contingencies: What happens when plans change
Working with the Other Parent
- Communicate respectfully: Keep discussions child-focused
- Be flexible: Accommodate reasonable requests
- Document agreements: Put changes in writing
- Use neutral venues: Meet in public places if needed
- Seek help: Use mediation or counseling services
Getting Help
Professional Support
- Family lawyers: Legal advice and representation
- Family dispute resolution practitioners: Mediation services
- Family consultants: Court-appointed assessors
- Counselors: Support for children and parents
Free Resources
- Family Relationship Centres: Free mediation and counseling
- Legal Aid: Free legal advice for eligible people
- Community Legal Centres: Free legal information
- Court self-help services: Assistance with forms and procedures
Conclusion
Both parenting plans and parenting orders have their place in family law. The right choice depends on your specific circumstances, the level of cooperation between parents, and the complexity of your situation.
Parenting plans offer flexibility and encourage cooperation, making them ideal for parents who can work together. Parenting orders provide legal certainty and enforceability, making them necessary when cooperation breaks down or safety is a concern.
Whatever approach you choose, remember that the goal is to create arrangements that serve your children's best interests while allowing both parents to maintain meaningful relationships with their children. Consider seeking professional help to ensure your arrangements are comprehensive, fair, and legally sound.