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?
What are Parenting Plans?
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.