When parents are going through a separation or divorce, it is important to work out a parenting arrangement, so that their children are cared for and supported. The law regarding children’s arrangements is complex and anyone considering arrangements for their child should obtain expert family law legal advice. At CSD Law, we can assist in preparing the terms of a parenting arrangement, such as:
- where and when the children will reside; and
- who will be responsible for making important decisions in relation to their health, wellbeing, and schooling.
To make the arrangements, a written agreement commonly referred to as a‘parenting plan’ is made. This can be drafted by you or with the help of a lawyer and can be done without the need for litigation. You and your ex-partner can reach an agreement that both suits each of you and is in the best interest of your children. A parenting plan is not legally enforceable however, meaning that if one party breaches the agreement, it may be difficult to take legal action against them to enforce the agreement.
Despite this, negotiating a parenting plan rather than starting legal proceedings is a good way to try and ensure a good future relationship with you ex-partner. If you want your parenting plan to be legally enforceable, you can make an application to court so that consent orders can be made. Court orders are legally binding, meaning that both you and your ex-partner must obey them. Failing to comply with a parenting order may lead to penalties being imposed.