Legal Parenting Plan and Order

Everything You Need To Know About Legal Parenting Plans

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 child/ren. 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.

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 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 Should I Include In A Legal Parenting Plan?

There are many things parents should consider when putting together the most suitable parenting plan for their 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’s vital parent’s consider the views of the child and allow them to influence the guideline put forth in the parenting plan.

Contact Orman Solicitors For Help With Your Legal Parenting Plan and Order

At Orman Solicitors, we’re committed to delivering the highest quality legal advice and services. We pride ourselves on providing reliable, trustworthy services, unmatched legal experience and compassion and empathy in everything we do. No matter what your circumstances, our team always has the best interests of our clients in mind, and we’ll strive to be an advocate for you and your rights. If you’re in Sydney or Wagga Wagga and seeking experts in family law, a parenting plan, or want more information regarding children’s matters, then contact the team at Orman Solicitors today.