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After separation parents sometimes struggle to agree on the arrangements for the children.
When a court makes a parenting order, the Family Law Act requires it to regard the best interests of the child as the most important consideration. Parents should also consider this principle when making parenting plans.
The Family Law Act aims to ensure that children can enjoy a meaningful relationship with each of their parents, and are protected from harm.
Once there is an agreement between the parents they can either make a written Parenting Plan or apply for legally enforceable Consent Orders to the Court.
Parenting Plan or Parenting Orders?When parents are able to come to an agreement about the parenting arrangements for the children, this agreement can be documented in a written Parenting Plan. Even though the Parenting Plan is not enforceable it can help reduce disputes in the future.
If a party wants to be able to enforce the arrangements for the children, Parenting Orders should be considered.
These orders can be made by consent, or agreement, and are called consent orders.
If parents are unable to agree the Court might need to decide what it considers to be in the child's best interest.
Often experts get involved in the matter and Family Reports are prepared. Sometimes the children also get their own lawyer, the Independent Children's Lawyer.
***Disclaimer***This article is for general information purposes only and does not constitute legal advice or any other professional advice.
If you need help with parenting disputes we can assist you.