The Differences Between Parenting Orders and Parenting Plans in Australia
As parents navigate the challenges of separation, they may find themselves unsure about the legalities of creating a parenting arrangement. There are two types of agreements that can be put in place to govern the care arrangements for children post-separation: Parenting Plans and Parenting Orders. In this article, we will explore the differences between the two and provide guidance on which option may be best for your situation.
What are Parenting Orders?
Parenting Orders are legally binding orders made by the court that set out the parenting arrangements for a child. They can cover a range of issues such as where the child will live, how much time they will spend with each parent, and how major long-term decisions regarding the child’s upbringing will be made. The orders are made by applying to the Federal Circuit & Family Court in accordance with the Family Law Act 1975 (Cth) and aim to promote the best interests of the child.
When a Parenting Order is made, it is enforceable by law, and failure to comply with the Order can result in serious consequences. This means that if one parent breaches the Order, the other parent can take legal action to enforce the order or seek penalties against the non-compliant parent.
What are Parenting Plans?
A Parenting Plan is a written agreement between parents that outlines the parenting arrangements for their child. It is a voluntary agreement that does not require court involvement, and as such, it is not legally binding. Parenting Plans are not enforceable in court, but they can be used as evidence in court proceedings if the parents later decide to seek court orders.
If you are writing a parenting plan, it can be created in consultation with a mediator or family dispute resolution practitioner, with a friend, or you as parents can create your own plan. It can be on any sort of paper (no set form is required) and it can be as short and simple, or as detailed as each parent likes. You can write your parenting plan using simple English terminology or you can use legal terms - it’s up to you, as long as both parents understand and are clear about its terms and what is required. A Parenting Plan can cover a range of issues, including where the child will live, how much time they will spend with each parent, and how major long-term decisions will be made. Ultimately, the aim of a Parenting Plan is to promote the best interests of the child.
What are the Key Differences Between Parenting Orders and Parenting Plans?
- Legally Binding: Parenting Orders are legally binding, whereas Parenting Plans are not.
- Enforcement: Breaching a Parenting Order can result in serious consequences, such as fines or imprisonment. Breaching a Parenting Plan, on the other hand, does not have the same legal consequences.
- Formality: Parenting Orders are formal court orders, whereas Parenting Plans can be informal and do not need to be drafted by a lawyer or lodged with the court.
- Flexibility: Parenting Plans are generally more flexible than Parenting Orders. They can be changed or updated by agreement between the parties at any time, whereas changing a Parenting Order requires a significant change in circumstances.
- Timeframe: Parenting Orders can take longer to obtain, as they generally require a court hearing or trial. Parenting Plans can be developed and agreed upon by the parties much more quickly.
The main difference between Parenting Orders and Parenting Plans is the level of enforceability. Parenting Orders are legally binding and enforceable by law, while Parenting Plans are voluntary agreements and not enforceable by law. This means that if one parent breaches a Parenting Order, the other parent can seek legal action to enforce the Order. In contrast, if one parent breaches a Parenting Plan, the other parent cannot take legal action to enforce it, but they can rely on it as evidence in court proceedings.
Which Option is Best for Your Situation?
The decision of whether to create a Parenting Plan or seek Parenting Orders will depend on the specific circumstances of each family. In some cases, if you and the other parent are able to communicate effectively, you may be able to create a Parenting Plan that works well for your family and avoid the need to involve the court. However, in other cases where parents are unable to reach agreements or are not on good terms, it may be necessary to seek Parenting Orders to ensure that the child’s best interests are protected.
It is important to note that even if you have a Parenting Plan in place, you can still seek Parenting Orders if you are unable to resolve any disputes that arise. It is always advisable to seek legal advice to determine the best option for your situation.
Parenting Orders v Parenting Plans: Final Thoughts
In summary, Parenting Orders and Parenting Plans are two different options available to parents when determining the care arrangements for their child post-separation. While Parenting Orders are legally binding and can have serious consequences if breached, Parenting Plans can still be useful in providing a clear framework for parents to follow. Ultimately, the decision to enter into a Parenting Plan or apply for a Parenting Order will depend on the specific circumstances of the family involved.
Seeking the advice of a family law professional can also be helpful in understanding the legal implications and requirements of each option. At Pullos Lawyers, our experienced family law team can provide guidance and support in navigating the complexities of parenting arrangements and assist in creating a parenting plan or obtaining a parenting order. Contact us today to schedule a consultation and take the first step towards securing a positive future for you and your children.
For more related tips and advice, you can read our blogs on the criteria for an unfit parent in Qld, what happens when a parenting order is breached, and what to include in your parenting plan.