Articles

21st Nov, 2007

What Agreement best suits you in relation to parenting arrangements with your children?

Parenting Plans

A parenting plan is a written agreement which sets out parenting arrangements for children.

This agreement is an agreement of goodwill between the parents and is not filed in the Family Court of Australia.

Both parties are required to sign the written agreement and enter into the agreement free from threat, duress or coercion.

This is not a legally binding document.

This Agreement is for the purpose of reference only and cannot be enforced.

Consent Orders

Parents may seek to enter into an agreement that is legally binding. A Consent Order (also referred to as Minutes of Consent) can be entered into by the parties setting out their agreement in relation to parenting matters.

The parties are each required to sign the Order. Once signed by both parties the document is filed in the Family Court of Australia with a supporting Form 11 Application for Consent Orders, which is also required to be completed and signed by both parties.

The parties are not required to attend Court.

There is no filing fee required for filing these documents.

What do I do if we can’t agree?

In circumstances when you and your former partner cannot agree to parenting arrangements, there are pre-action procedures which are required to be complied with prior to making an application to the Court. These procedures are:

Participation in a dispute resolution service such as family counselling, negotiation, conciliation or arbitration. The Family Court must be satisfied that the parties have made a genuine effort to resolve issues surrounding the children.
In the event the dispute resolution was unsuccessful, correspondence with the other party is required to be exchanged with the other party outlining the outstanding issues in an attempt to further negotiate and resolve such issues.
Should there still be no success in coming to an agreement for a parenting plan; a Counselling Certificate is to be obtained and filed with your Application and supporting Affidavits.

There are circumstances when the forgoing is excluded and an Application may be filed in the Court. These include:

urgency of an Order, such as the return of a child;
allegations of child abuse or risk of abuse;
allegations of family violence or risk of family violence;
where one party refuses to negotiate and/or attend dispute resolution services;
where one person would be unduly prejudiced or adversely affected if another person became aware of the intention to start a case;
where there has been a previous Application about the same issue or subject in the prior 12 months.

Filing an application to the Court should be a last resort for parties, unless the circumstances become urgent.

At all times of negotiations the children’s best interest should be considered.

Should you require any further information or should you require any legal advice in relation to the forgoing, please do not hesitate to contact one of our friendly staff members.