Parenting Plans and Orders

If you have recently separated and there are children of your relationship, parenting arrangements must be made for them. These arrangements must prioritise the needs and best interests of the child. Arrangements can be made in several forms depending on how amicable the parties may be. If the couple has separated on reasonably amicable terms, they might be able to make the arrangements themselves. However, if coming to an agreement might be difficult to achieve, a party can elect to enter into more formal arrangements. These arrangements might include obtaining parenting plans and orders.

What are Parenting Plans or Orders

A parenting plan is an agreement between the parents that deals with issues such as parental responsibility or a child’s living arrangements. Parenting plans are cheaper to obtain because they do not have to be approved by a Court. By that same token however, this means that parenting plans are not legally enforceable. If a party anticipates difficulties in the future with the other party, parenting orders may be more suitable. They must be approved by a Court, so they are legally enforceable.

Whether a plan or an order is made, any parenting agreement should consider the needs of the child (including their age, education, accommodation, expenses, cultural needs) and who is best placed to provide to those needs. In the case of parenting plans, the child’s parents get to decide the arrangements. When it comes to parenting orders, the Court will make the final decision.

In making its decision, the Court will take into account similar considerations, but with the ‘best interest of the child’ as its foremost priority. The Court begins this process by first presuming it is in the best interests of the child for each parent to have equal shared parental responsibility. There is a common misconception that this means each parent gets equal time, however this is not the case. Equal shared parental responsibility only refers to a parent’s responsibility in making major decisions for the child. Furthermore, the Court only begins with this as a presumption. It will then examine other factors in the parents’ relationship to test if this presumption should hold through. Only after it has considered this can it consider how much time the child will spend with each parent.

It should also be noted that as children grow, new parenting arrangements might have to be made, whether through plans or orders. At Straits Lawyers, we can help prepare parenting plans, apply for parenting orders, or update your parenting arrangements. Simply email us at info@straitslawyers.com or call at 08 8410 9069.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.