A Parenting Plan is an informal agreement between parents on sharing responsibilities for their children after separation but is not legally enforceable. Parenting Orders, also known as Shared Care or Parental Orders, are formal court orders related to child custody disputes that legally bind parents to their agreements, ensuring greater security for everyone involved.
After separation, parents first and foremost worry “what will happen with the children?”. This is a genuine concern for most parents going through a separation.
There are several key components that form parenting arrangements.
This can be finalised outside of the Court system where possible.
There are two general written types of agreements that can be prepared to formalise a parenting arrangement:
A Parenting Plan is a written agreement between two parents which sets out arrangements for the ongoing care arrangements for the children. This agreement is not legally binding. It can be changed at any time, as long as both parties agree.
A Court Order can be made by a Judge after a trial, or can be made with the consent of both parties (this is called a ‘Consent Order’).
A Court Order is a legally binding document which sets out the ongoing arrangements for children. Court Orders can only be changed by agreement, or by a further Order of the Court.
Once a Final Court Order has been made, the arrangements cannot be changed without the consent of the other party unless the Court considers that there has been a significant and substantial change in circumstances, or if it is otherwise in the best interests of the child for the Orders to be varied.
It is generally considered to be in the best interests of the children to avoid litigation where possible.
Due to the binding nature of Court Orders, it is very important that these are drafted properly by a competent solicitor. Poorly drafted Orders can cause many ongoing problems.
At Foye Legal we are experts in parenting matters. We have a wealth of knowledge surrounding how to make the best and most appropriate arrangement for your children and we are particularly focused on keeping up to date with what types of arrangements are most appropriate for different age groups and varying needs of children.
For specialised assistance in relation to your parenting arrangements contact us today for an initial appointment.
In relation to the rights of a grandparent, the court does recognise the importance of their role and they therefore do welcome them to make an Application to the Court for Parenting Orders.
Are you facing a child custody dispute in Australia? Foye Legal offers experienced guidance and representation focused on achieving the best outcome for your children. We prioritise their well-being and your peace of mind. Contact us to discuss your situation.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
In any children custody dispute in Australia, the Family Court’s primary concern is the best interests of the child. All decisions regarding living arrangements (residency) and time spent with each parent (contact) will be made with the child’s safety, well-being, and developmental needs as the paramount consideration.
The Court considers various factors, including the child’s wishes (if mature enough), the nature of the relationship with each parent, the capacity of each parent to provide for the child’s needs, any history of family violence or abuse, and the practicalities of different living arrangements. The aim is to ensure a safe and supportive environment for the child.
While each case is unique, common steps often include attempting mediation or family dispute resolution to reach an agreement. If an agreement can’t be reached, parties may need to file an application with the Family Court, participate in court-ordered conciliation conferences, and potentially proceed to a final hearing where a judge will make a decision based on the evidence presented and the child’s best interests.
Send us your enquiry here or give us a call on 1800 996 994
"*" indicates required fields
3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
Keep up to date with the latest insights and news from Foye Legal
