When a relationship ends, one of the most challenging aspects is determining the future care of the children. Whether you are going through a divorce or separating from a de facto partner, creating clear and workable parenting arrangements is essential for the well-being of the children involved. Australian family law encourages parents to reach their own agreements about how their children will be cared for post-separation, either through an informal agreement, a parenting plan, or a parenting order.

This guide will explain how to create a parenting plan, the legal framework around parenting orders, and what to do if you and your former partner cannot agree on arrangements.

The Best Interests of the Child: The Family Law Act 1975 places the best interests of the child as the paramount consideration in any parenting arrangement. The primary factors that guide decisions about parenting include:

• The child’s need to maintain a meaningful relationship with both parents.
• The need to protect the child from physical or psychological harm, including     exposure to family violence.
• The child’s views and preferences, depending on their age and maturity.
• The child’s emotional, educational, and developmental needs.

What is a parenting plan?

A parenting plan is a voluntary, written agreement between both parents that outlines the arrangements for the care and welfare of the children. While it’s not legally enforceable, a parenting plan is a practical way to formalise care arrangements, including:

1. Living Arrangements: Where the children will live and how much time they will spend with each parent.
2. Ancillary Matters: Including school holidays, special occasions like birthdays and Christmas, overseas travel.
3. Decision-Making Responsibilities: How decisions regarding the child’s education, health, and extracurricular activities will be made.
4. Communication: Arrangements for how the child will stay in contact with the parent they are not living with at any given time.

A parenting plan can be as detailed as necessary, depending on the specific needs of your family. It can also be reviewed and updated as circumstances change.

Why you should consider a parenting plan

Parenting plans offer several benefits, including:

• Flexibility: Parents have the freedom to tailor the plan to suit their unique needs, rather than having a court impose a solution.
• Reduced Conflict: By working together, parents can minimise conflict and avoid the stress of litigation.
• Child-Focused: Parenting plans allow you to focus on what’s best for your children, rather than legal technicalities.

However, because parenting plans are not legally enforceable, if one parent fails to adhere to the agreement, the other parent cannot take legal action to enforce it. For a legally binding agreement, you must apply fora parenting order.

What is a parenting order?

A parenting order is a court-issued, legally binding document that outlines the parenting arrangements for your children. If you cannot agree on a parenting plan, or if you need the security of a legally enforceable agreement, you can apply to the Federal Circuit and Family Court of Australia for a parenting order. Parenting orders can cover the same issues as parenting plans but provide the added assurance that the court can enforce them if necessary.

How to apply for a parenting order

To apply for a parenting order, both parents must first attend family dispute resolution (FDR), unless there are exceptional circumstances, such as family violence or child abuse. If FDR is unsuccessful, either parent can apply to the court for a parenting order.

What happens if a parenting order is breached?

If one parent fails to comply with a parenting order, the other parent can seek enforcement through the court. Consequences for breaching a parenting order can include fines, community service, or in severe cases, changes to the parenting arrangements.

Co-parenting tips for a successful parenting plan:

1. Keep communication open: Regular, respectful communication with your co-parent is key to making shared parenting work.
2. Be child-focused: Always prioritise your child’s needs and well-being when making decisions.
3. Be flexible: Life is unpredictable. Be open to adjusting the plan when necessary to accommodate changes in work schedules, holidays, or your     child’s evolving needs.
4. Use technology: Apps and shared calendars can help manage schedules and keep both parents informed.

At Eliza Legal, we understand that parenting arrangements after separation can be stressful and emotionally challenging. Our experienced family lawyers are here to help you create a parenting plan that works for your family or assist you in applying for a parenting order if needed. We focus on achieving outcomes that are in the best interests of your children, ensuring a smooth transition for your family during this difficult time. Contact us today and let’s see if we’re a good fit! We’d love to help you.

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