We can help with Parenting Plans or Consent Orders
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Why choose Orman Solicitors for your parenting arrangements?
Reducing the impact on your children
Separation is a difficult and emotional time for everyone, but it is vital that steps are taken to reduce the impact on children involved.
We can help with Parenting Plans or Consent Orders
It is important to consider what arrangements should be made in relation to any children when a relationship breaks down. Most separating parents make their own arrangements for parenting to suit their circumstances. However, in some cases where an agreement cannot be made between the parents, a Parenting Plan or Consent Order is established in Court and that’s where we can help you.
In the best interest of your children
When establishing parenting agreements, the main focus is on “the best interests of the children”, as opposed to the parents. Every family is unique, with individual concerns and questions in order to reach an agreement.
We have extensive experience in dealing with this complex area of law, and can provide you an empathetic and practical approach, and advice as to whether a non-binding ‘parenting plan’ or Court-bound agreement would be in your best interests.
Support for you in challenging times
If you’re recently separated and struggling to co-parent with your former partner, developing a parenting order and plan might be the best way to ensure both of you can work together to meet the best interests of your children.
Here at Orman Solicitors, we’re passionate about children’s matters, and our team is dedicated to helping support families through challenging and uncertain times. However, we acknowledge that this is likely all new to you, and we understand that you might have some questions about what a parenting order entails.
Read on to find out everything you need to know about parenting agreements and how they can help restore order and routine back into the lives of your family.
Parenting arrangements in NSW
In New South Wales, the steps to establish a formal parenting plan for child custody and visitation arrangements involve several key phases:
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When I first approached Maggie I was financially destitute and frightened, my settlement was not going well, I had been dropped by another solicitor because they felt that my case was to difficult and time consuming. Maggie helped me to feel at ease she assured me that I everything would be okay and then she and her staff went to work. She helped me to stay strong when I was ready to give up and just take anything to make the whole mess go away and fought for me to get an amount that was acceptable. I highly recommend Maggie and her team they truly do go above and beyond the call to ensure that their clients get the absolute best result possible.
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Empathy, dedication and passion are three words I would use to describe Maggie Orman and her team. Maggie has been my family lawyer for over 10 years and has guided me through many difficult periods of my life, and ensured I came out the other end a stronger woman and mother. Maggie is rational, compassionate and highly ethical. I felt that she truly cared about me, my family and our wellbeing. Maggie’s skilful advice and counsel achieved an incredibly quick resolution, and kept costs to a minimum. I will continue to use Maggie Orman Solicitors for all my family law requirements and highly recommend her to anyone requiring a family lawyer.
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The Barnett Family
CASE STUDY
Parenting Arrangements
We represented a client in a parenting matter whose ex-partner had a long history of substance abuse and mental health issues. The principal issue in dispute was whether the father’s time with their young children should be supervised or unsupervised.
How we helped
We completed an assessment of the level of risk the father posed to the children. In particular, the risk the father could be under the influence of drugs and/or alcohol and the risks associated with his mental health.
We supported the client to collate her affidavit and all factual evidence obtained from medical professionals, which demonstrated many inconsistencies in her ex-partner’s story. The father’s minimisation of his mental health issues, substance abuse, and apparent lack of insight into his own behaviour and impact on his family was crucial evidence to support our case that he only be allowed supervised visits. Our client was supportive of the father continuing a relationship with the children and she agreed to supervised time with members from her ex-partner’s family.
What was the outcome?
This matter was heard before a senior judicial registrar (SJR), the SJR found that the father’s substance abuse and mental health qualified as an unacceptable risk. Our client was granted the children remain in her care, with the father allowed supervised visits and the requirement he continue with urinalysis testing.
Maggie Orman
Principal
Renata Matyear
Senior Solicitor
Eileen Newcombe
Senior Solicitor
Child Custody & Parenting Arrangement FAQ
If you’re recently separated and struggling to co-parent with your former partner, developing a parenting plan and formalising through Consent Orders might be the best way to ensure both of you can work together to meet the best interests of your child/ren. At Orman Solicitors, we’re passionate about children’s matters, and our team is dedicated to helping support families through challenging and uncertain times.
However, we acknowledge that this is likely all new to you, and we understand that you might have some questions about what a parenting order entails. Read on to find out everything you need to know about parenting agreements and how they can help restore order and routine back into the lives of your family.
What is a Legal Parenting Plan?
In short, a parenting plan is an agreement between parents that is drafted in the best interests of their child/ren. With the child/ren’s future in mind, the document is a shared commitment from both parties that details the practical issues of parental responsibilities. It is not compulsory to have a co-parenting agreement in place, but it helps separated parents avoid parental conflict and prevents any issues that may arise surrounding the welfare of the child/ren. Parenting agreements detail practical decisions pertaining to the child/ren’s care and can be:
- An oral agreement (Not enforceable)
- A written parenting plan (Not enforceable)
- A formal Court order known as a ‘consent order’ or ‘parenting order’ (Enforceable)
Parenting agreements are not legally enforceable, however, and for a parenting plan to be recognised under the Family Law Act, it must be free from duress, threat, or coercion and must be signed and dated by both parents (or legal guardians).
What should I include in a Legal Parenting Plan?
There are many things’ parents should consider when putting together the most suitable parenting plan for your children. For the arrangement to be practical, however, it’s important to have your parenting agreement contain the following:
- Parenting methods. Styles of parenting both parties agree are best for the child/ren.
- Parenting responsibilities. This could be as simple as deciding which parent will escort the child/ren to extracurricular activities such as sports practice or choir.
- Major decisions. Both parties should agree to collaborate on all major decisions regarding their child/ren’s best interests.
- Finances. Shared/split/independent costs concerning raising your child/ren.
- Education. This might include schooling options, tutoring, afterschool programs, daycare, etc.
- Healthcare. Can be everything from costs to the preferred practitioner.
- Religion. If/what/when the child/ren practise religion.
- Values. Parents might agree on a set of values they wish to uphold and instil in the child/ren.
- Living arrangements. Where will the child/ren primarily live, and with whom?
- Contact with child/ren when apart. It’s essential to note guidelines surrounding parental contact with child/ren while staying with the other parent.
- Emotional well-being. Discussion to determine what is best for the child/ren’s emotional well-being.
- Guidelines for parents. For example, how each parent will communicate with each other and when.
- Friends/family/other contacts. Each parent should agree on who the child/ren have contact with.
- Safety of the child/ren. What can parents do to ensure the safety of their child/ren.
- Child/ren’s opinion. Children know what they want, and for a parenting agreement to be successful, it is vital parents consider the views of the child and allow them to influence the guideline put forth in the parenting plan.
What is parental responsibility?
Parental responsibility refers to making major decisions about the child’s welfare, including education, healthcare, and religion. In most cases, both parents share this responsibility, unless there are safety concerns, or a Court order specifies otherwise.
How is parenting time allocated?
The Court considers the best interests of the child, focusing on factors like the child’s relationship with each parent, their wishes (if age-appropriate), parental cooperation, and protection from harm. Parenting time is set to ensure meaningful relationships while considering safety and the child’s specific needs.
How are parenting arrangements handled in NSW?
Parenting arrangements can be established either by mutual agreement or through Court orders if a dispute arises. The best interests of the children are taken into account. Children’s Orders will contain who the children live with, spend time with and who has the decision-making responsibilities.
What if one parent doesn’t follow the parenting order?
Breaching a parenting order can lead to legal consequences. The other parent may file a Contravention Application in Court to enforce the order. If safety concerns arise, immediate Court intervention is possible.
Do children have a say in custody arrangements?
If a child is mature enough, their views may be considered, but they are not the sole factor. The child’s best interests remain the priority, balancing their expressed wishes with safety and welfare.
In New South Wales (NSW), children can have a say in child custody and parental arrangements, but there is no specific age at which their views automatically determine the outcome. Instead, the Family Law Act requires that a child’s views be considered when deciding custody, with greater weight given to those views if the child is mature enough to understand the situation.
How the Court considers a child’s views:
- Age and maturity: The child’s age, maturity, and ability to understand the situation are key factors. Courts generally consider the views of children over 12 years of age more seriously, but younger children’s views can also be considered depending on their maturity.
- Expression of wishes: If a child expresses clear preferences about their living arrangements, these will be taken into account. However, the Court balances these wishes with the child’s best interests, which include safety, emotional needs, and stability.
- Family report or child’s representative: The child’s views are often gathered through a family report prepared by a Court-appointed family consultant, or via an Independent Children’s Lawyer (ICL) if appointed. This helps present the child’s perspective in a way that considers their best interests.
While children’s wishes are considered, they are one of many factors. Ultimately, decisions are based on what the Court believes to be in the child’s best interests, prioritising their welfare and safety over any expressed preference.
What is the difference between a Parenting Plan and a Parenting Order?
Both documents detail parental guidelines and agreements dealing with the child/ren’s best interests; however, a parenting order differs from a parenting plan as it is legally binding. Where there are no legal repercussions for breaching a parenting plan, a parenting order is a legal document that can be enforced through the Courts if breached. Additionally, a parenting plan is generally settled by parents and without legal proceedings, whereas a parenting order is determined with the help of a judge through the relevant Court. If parents wish to alter a parenting order, they must submit new Consent Orders that reflect the alterations they want made to the Courts; both parties must agree to the new terms, or a Court will determine them. Furthermore, like other child custody arrangements, parenting orders remain until the child/ren turns eighteen years old.
For more information on legal parenting orders or to discuss your options, contact Orman Solicitors, the experts in family law.
What does the Court consider in parenting arrangements?
- Protecting the child from family violence and child abuse
- The child’s wishes
- The child’s relationships with each parent
- Maintaining the child’s relationships with important people in their lives
- The capacity of each person with parental responsibility to provide for each child’s needs
- Logistics of where and with whom the child should live
- Logistics of how much time the child is to spend with each parent
- The child’s developmental, emotional, cultural and psychological needs
As you can see, child custody and parenting agreements can be complex. When trying to navigate these issues, it is best considered with legal help.
Contact us, and we can assist you in getting the outcomes you want from your separation or divorce.
What are the types of parenting agreements?
Parents can establish:
- Parenting Plans: Voluntary, written agreements that outline parenting arrangements. They are flexible but not legally enforceable.
- Consent Orders: Formal, Court-approved agreements that are legally binding and enforceable.
- Parenting Orders: Court-determined arrangements if parents cannot agree, focusing on the child’s best interests.
What happens if parents can't agree on a parenting plan?
Parents must attempt Family Dispute Resolution (FDR) before applying for parenting orders. If mediation fails or is inappropriate (e.g., due to violence), parents can proceed to Court. The Court then makes a decision based on the child’s best interests, issuing enforceable parenting orders.
How can relocation be managed in custody cases?
If a parent wants to relocate with the child, they must have the other parent’s agreement or seek Court approval. The Court considers factors like the impact on the child’s relationship with the other parent and the practicality of the move.
How are children’s arrangements managed during separation?
Parenting arrangements made during separation should focus on the best interests of the children. Informal agreements are common and are often documented in parenting plans. These plans outline responsibilities and arrangements for the children but are not legally binding unless formalised as Consent Orders. We strongly recommend you formalise any children’s agreement using Consent Orders to safeguard your legal position should any disputes arise later.
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