The Family Law Act 1975 provides that separated parents may come to agreement by themselves as to what arrangements should be made for the welfare of their children. These arrangements may include who the children will live with, and what time they will spend with the parent they don’t live with.
Parenting Plans can also deal with some aspects of raising children – what names they will use, what schools they will attend, what religion they will be introduced to, and so on. The plan can set out arrangements for holidays interstate and abroad, separate arrangements with grandparents, places for changeover, as well as medical, or nutritional or other dietary requirements.
It is important to note that parenting plans are not court orders. If a parent fails to comply with a parenting plan which he or she has signed, then the other parent may have the right to make application to the court for orders about the children, and can use the plan as evidence. Generally, however, plans will not be enforced by the police.
Before your former partner signs a parenting plan, they should get independent legal advice. If you consider that your former partner will not comply with a parenting plan, then you probably should seek legal advice from us straight away.
Please complete the questions and submit your enquiry without obligation. Our lawyers will then assess whether more information is needed, or whether a telephone or personal appointment should take place. Either way, the decision to proceed to have us draft you a Parenting Plan will be yours.
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