CHILD ISSUES AND PARENTING
DOCUMENTING A PARENTING AGREEMENT

 

Parenting Plans -v- Consent Orders

 

Some things to know about Parenting Plans are:

  • there is no requirement for registration or for independent legal advice.
  • they are only evidence of what the parents agreed was in the best interests of a child at the time they signed the Parenting Plan.
  • a Parenting Plan might be used to defend to a contravention (breach of an Order) application.
  • they are not enforceable unless they amend a previous Court Order.
  • a Parenting Plan may override a previous Court Order.
  • There is no ‘cooling off’ period for a Parenting Plan.

Some benefits of a Consent Order include:

  • Consent Orders have to be made by a Court.  The Court will only make the Consent Orders you have agreed on if the Court thinks they are in the best interests of the Child.
  • Consequences can follow if a Consent Order is breached.
  • Consent Orders are usually easier to enforce.
  • If you need the Federal Police to assist they will usually need to see a Court Order.
  • You do not have to use lawyers to do Consent Orders, you can do it yourself.
  • You can use Consent Orders to document your parenting and property settlement agreement in the same document. 

 

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Content By:
Michelle Beatty
MRB LAW

Other Questions answered in the How to Document a Parenting Agreement Section

 

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