Every family has different dynamics. In certain instances, when a couple decides to separate, they are able to reach an amicable agreement and establish arrangements on their own. but, some families encounter challenges in coming to an agreement and will require more formal action.
Parenting plans and Parenting orders are two main types of resolutions for children’s custody disputes after separation.
While both parenting plans and parenting orders outline child-related arrangements, parenting orders create legally binding responsibilities, whereas parenting plans lack legal enforceability.
Parenting Plans
In cases of an amicable separation, a parenting plan can be the optimal choice. Many individuals find them useful as they document the agreements reached and future plans. These plans can be created with less formalities and at a lower cost compared to parenting orders.
A parenting plan is a signed and dated agreement between a child’s parents, addressing parental responsibilities and child arrangements. It can involve other parties, such as grandparents, when children are living with or spending time with them. Courts will consider a parenting plan if it serves the child’s best interests when making parenting orders. Although not legally binding, a parenting plan can serve as evidence in future proceedings.
Parenting Orders
When a legally enforceable arrangement is required, parents turn to parenting orders. These orders typically address specific behaviours, such as pickup times from school or international travel permissions. They may also prohibit certain actions, like speaking negatively about the other parent in the child’s presence or visiting the other parent’s home without invitation, especially in cases involving a history of violence.
Parenting orders cover parental responsibilities, living arrangements, special occasions, handovers, communication, the child’s interaction with others, parent-child interactions, travel, medical care, and more. Changing parenting orders can often be achieved through the creation of a parenting plan, which can modify the existing orders.
Parenting Orders and Related Matters
Injunctions
Injunctions are orders that restrict certain behaviours. Parenting orders are frequently accompanied by injunctions targeting behaviours causing or likely to cause issues.
Location and Recovery Orders
At times, a parent or individual takes a child and becomes untraceable. Courts can issue location and recovery orders. Location orders require individuals to provide information about the child’s whereabouts, allowing authorized agencies to take action to locate the child. Recovery orders, often coupled with orders for the child’s return, empower the police to recover the child if the parent fails to comply.
Passport Delivery Orders
If a court suspects a child might be taken out of Australia, it can demand the child’s passport to be surrendered to the court.
Family Violence Orders
Family Law Act proceedings involving children often involve allegations of violence. Prior family violence orders from state or territory courts might prompt protection orders in family court cases against threatened violence or intimidation.
Parenting Orders and Child Support
Parenting orders and child support are distinct under Australian law. Child support orders cannot be requested as part of parenting orders.
Consent Orders/Contested Proceedings
Parents can apply for consent orders from the Family Court of Australia if it’s determined they are in the child’s best interests. Settlements during litigation might occur through negotiation, mediation, or counselling before a hearing.
The court doesn’t grant parenting orders easily due to mutual agreement; the child’s best interests must be the court’s focus. However, in practice, the parental agreement often influences the court’s perception of the child’s best interests.
Speak to CFS Legal’s dedicated lawyers in confidence about your custody dispute. Book a FREE consultation, email: info@cfslegal.com.au