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Parenting plans
The recommended process for making arrangements for children after separation is for you
and your former partner to make a
parenting plan either together or with the assistance of a
family dispute resolution
provider to avoid the stress and cost of going to court. Do not attempt to do
this unless you feel you can do so safely.
Parenting plans are not legally binding and cannot be enforced however if you do go to
court to obtain orders for your children the court may take into account the parenting
plan. If you and the other parent want your parenting plan to be legally binding you can
apply to the court for consent orders that will formalise your parenting plan in a legally
binding way. You can apply for Consent Orders by completing an
Application for consent orders and providing the court with the proposed Parenting
Orders through the Family
Court. You do not have to attend court to register your Consent Orders.
If this is not an option, your solicitor will advise you about how to safely apply for
parenting orders for your
children and property through the
Family Court.
Shared parenting
In 2006 the Government introduced new provisions which changed the way the law works when
families separate. The Act now requires the court, except in case of family
violence or child abuse, to presume when making a parenting order that it is in
the best interest of the child for their parents to have equal shared parenting
responsibility. Other important provisions cover the willingness of each child’s
parents to facilitate and encourage a close and continuing relationship between the child
and the other parent.
