Understanding the difference between a parenting plan and a parenting order can make things clearer and help you make the best choices for your family.
Parenting plan vs parenting order
Parenting plans:
- These written agreements are made voluntarily by both parents, outlining the care arrangements for the child/ren.
- They can be created by both parents with or without legal assistance usually during a Family Dispute Resolution Conference.
- Parenting plans can be flexible and tailored to suit your family’s unique needs/schedule.
- While they do provide structure for both the parents and child/ren, parenting plans aren’t legally enforceable in court. If either parent decides to make changes to the plan without mutual consent, they cannot lodge a Contravention Application with the court.
- They can be relied upon by a party as evidence of what was previously agreed to between the parents.
Parenting orders:
- These are legally binding orders made by the court.
- Parenting orders are enforceable by the court, with greater structure, and legal consequences if not adhered to.
- Sometimes parenting orders and/or parenting plans are required for government services like Centrelink or the Child Support Agency to verify the number of nights the child/ren’s spend with each parent.
When do you need a parenting order?
Parents often seek parenting orders when they can’t agree on the arrangements between themselves, or they are not willing or able to deal with one another. This is especially important in high-conflict situations where one parent might withhold the child from the other parent or make unilateral decisions, like relocating without the other parent’s consent.
A court-issued parenting order can ensure both parents follow a structured, legally binding arrangement, keeping the child/ren’s best interests front and centre.
What happens when there’s no parenting order?
Sometimes, parents manage to separate amicably, maintaining enough trust and cooperation to figure out parenting arrangements on their own. In these situations, parents can agree on where the child/ren’s will live, how they’ll split time between the homes, and other important details without needing a formal order. If you and your ex-partner can communicate effectively and keep the kids’ best interests at heart, you might not need outside help.
What is a parenting coordinator and how do they assist the process?
A Parenting Coordinator (PC) can be a lifesaver for families dealing with conflict. They’re a professional (often a psychologist, lawyer, or mediator) who can help manage and resolve disputes about your parenting arrangements or orders.
A PC can be appointed by the court or agreed upon by both parents at any time during the legal process, offering an extra layer of support during a tough time.
Lander Solicitors Queensland can help with your parenting plan or parenting order
Choosing between a parenting plan and a parenting order depends on your specific situation and the level of cooperation between you and your co-parent. Just ensure that the child/ren’s best interests remain the main focus.
Need more guidance? We’re here to help you navigate these options and find the best solution for your family. Contact us today for friendly, expert legal guidance.
DISCLAIMER – The information provided in this blog is general and does not consider your individual legal needs or objectives. It does not constitute personal advice and is for informational purposes only. We recommend seeking out professional and independent legal advice from a qualified Australian lawyer to advise on your individual situation before acting on any information contained below. Lander Solicitors Queensland accepts no express or implied liability for negligence or contractually for reliance on any information provided. Liability limited by a scheme approved under Professional Standards Legislation.