Children's Issues - Parenting Plans & Parenting Orders (child care arrangements)

Arrangements can be reached in relation to children both informally or formally. Informal agreements can be reached by attending a community based family dispute resolution. If an agreement is reached you can enter into a parenting plan, which is not legally enforceable, or apply to the court for consent orders. Going to court can be expensive and time consuming but sometimes it is the only way to deal with a dispute.

A court can make a parenting order based on an agreement reached by the parties as above (consent orders) or after a court hearing or trial. A court must make any decisions based on the best interests of the child.

A parenting order may be applied for by either or both of the child's parents or the child or a grandparent of the child or any other person concerned with the care, welfare or development of the child.

A parenting order is a set of orders made by a court about your parental responsibilities. It can cover living arrangements for the child, time spent and communication with a child, parental responsibility for a child, financial support for a child (only if child support legislation does not apply or permits this) and any other aspect of the care, welfare or development of a child such as religion, education, medical, travel and other issues.

A parenting order can also state the process for resolving disputes that arise from the order.

When an order is made each person affected by the order must follow it. There are penalties that can be imposed for not doing so.

We can provide additional, more specialised advice on all of the above when you contact our offices.