Parenting Plans | Co-Parenting
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Parenting Plans | Co-Parenting
It can be incredibly difficult to make co-parenting decisions in the midst of a separation or a dispute, but these decisions must be made to provide security and stability for children.
We are here to help you navigate the decision-making process and formalise any parenting agreement you and your co-parent may reach. The types of issues that can arise might include:
- How major long-term parenting decisions are to be made (such as decisions about schools, medical treatments, and religion);
- When and how parents will spend time with the child (e.g. parents rotate weekends with the children, arrangements for special days such as birthdays, Christmas, Father’s and Mother’s Day, etc).
- Who the children will spend time with (e.g. grandparents)
- What sort of activities the child should be taken to over the weekends;
- Other peripheral matters that will help facilitate parenting arrangements—like communication protocols and changeover arrangements.
Key Factors and Legal Framework
All decisions about children should be made with reference to the particular child’s best interests. This is what is required by law in the Family Law Act 1975 (Cth) and is the framework used in all family law matters by the Court. The factors to consider when determining what is in a child’s best interests are as follows:
- What arrangements would best promote the safety of the child and their carers
- The views of the child
- The needs of the child
- The capacity of the child’s parents (and other important people) to provide for those needs
- The benefit to the child of being able to have a relationship with the child’s parents and other important people
- Any other relevant circumstances.
These factors are considered when making decisions about:
- Who should be in charge of making long-term decisions for the child/children?
- Who should the children live with? I.e. how much time should they be staying with each of their parents, and
- Any other decision about a child’s needs, including schooling, traveling, communication between parents, etc.
Protect Your Child's Future Now
Dealing with Family law can be overwhelming. We at Vocare understand the emotional impact of separation and divorce on family members that’s why our experienced family lawyers are dedicated to providing compassionate legal advice to help protect your children’s best interests. Schedule a consultation to explore legal options that best suit your particular family circumstances.
Resolutions Outside of Court
Parents are often able to resolve their parenting disputes without Court intervention, either by themselves or with the help of a lawyer or a family dispute resolution practitioner (mediator). Where an agreement is reached, parents can either implement it informally, or they can formalise (i.e. put in writing) the agreement one of two ways:
A parenting plan is a document that is dated and signed with the other parent and details an informal parenting arrangement. This written agreement aims to provide shared solutions to the questions posed earlier in this article to provide the parties with clarity and certainty. However, a parenting plan is not a legally enforceable agreement by courts, unlike a parenting order, but will be persuasive if the matter ever goes to litigation.
Consent orders are enforceable by courts as formal parenting orders, with penalties or potentially jail time incurred upon breach. Consent orders are parenting agreements that have been filed in the Court (alongside other documents) that then become a Court Order.
Sometimes, especially where there are issues regarding domestic and family violence or child abuse, it is not possible to resolve parenting matters without Court proceedings. Where this is the case, our family lawyers are highly skilled at assisting our clients to navigate the Family Court system with dignity and respect. We work with you to prepare relevant Court material and advocate for your concerns and needs in Court, and for those issues that are most affecting your children.
We know that this process is difficult and emotionally draining, and we make a conscious effort to walk beside our clients during this time and make sure that we are providing excellent legal advice as well as practical advice.
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