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