Parenting Arrangements
Offices in Narre Warren, Warragul & Online
Servicing Victoria, South East Melbourne Suburbs & Gippsland areas.
Casey Family Lawyers have many years of experience and are professional and compassionate in the negotiations of Parenting Arrangements. Our offices are in Narre Warren and Warragul and we also offer online consultations, providing advice and representation in all aspects of family law in Melbourne’s south east.
What are Parenting Arrangements?
Parenting arrangements refer to the plans and agreements made between parents, sometimes involving the Federal Circuit and Family Court of Australia, regarding the care and responsibility of their children after separation or divorce.
These arrangements outline how the parents will share parental duties, decision-making, and time spent with their children. The main focus is on promoting the children’s best interests and ensuring they have a stable and loving environment.
Types of Parenting Arrangements
Parenting Plans
A parenting plan is a voluntary and informal agreement between parents regarding the care and responsibility of their children after separation or divorce. It is a flexible and non-legally binding document outlining the agreed-upon parenting arrangements, such as with whom a child will live and spend time, visitation schedules, decision-making responsibilities, and other aspects of the children’s care.
Key points about parenting plans:
- Are created by mutual agreement between the parents without involving the Court.
- Are not legally enforceable, meaning it cannot be enforced by the Court if one parent does not comply.
- Parents can amend or change the parenting plan informally if both parties agree.
- While not legally binding, parenting plans can be a practical and cooperative way for parents to manage their post-separation parenting arrangements.
Parenting Orders (previously referred to as Custody Orders)
On the other hand, a parenting order is a legally enforceable and formal arrangement established by the Federal Circuit and Family Court of Australia. When parents cannot agree on parenting arrangements, they can apply to the Court, and the Court will make a decision in the form of a parenting order.
Key points about parenting orders:
- The Court issues orders after considering the child’s best interests and the parent’s circumstances.
- Orders are legally binding, meaning both parents are legally obligated to follow the terms specified in the order.
- The Court may issue specific orders regarding live with and spend time arrangements, visitation, communication, or any other aspect related to the children’s care.
- If a parent fails to comply with the parenting order, the other parent can seek enforcement through the Court.
Parents need to consider their unique situation and their level of cooperation when choosing between a parenting plan and a parenting order.
While a parenting plan offers more flexibility and allows parents to reach agreements outside the Court, a parenting order provides legal enforceability. Parenting Orders should be sought when parents cannot resolve disputes amicably.
Casey Family Lawyers can help you as a parent determine the most suitable approach for your individual circumstances.
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Parenting Arrangements with compassion and realistic solutions
Casey Family Lawyers provides advice, negotiation and litigation representation in all aspects of parenting arrangements and other family law matters. Â
Having practised in the family law jurisdiction for more than ten years, our Principal Lawyer and Owner Kelly Beck understands how complex, challenging and emotional experiencing divorce, separation and family law matters can be. Â
Trust Casey Family Lawyers to protect your rights, navigate complex legal matters, and work tirelessly with compassion to achieve realistic solutions and the best possible outcome for you and your family.
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FAQ
Common Parenting Arrangement Questions
Grandparents and other relatives may seek parenting agreements if they can demonstrate a significant and ongoing relationship with the child and the court considers it in the child’s best interests.
Yes, parents are encouraged to reach agreements outside of court through negotiation, mediation, or collaborative law processes.
If parents cannot agree on parenting agreements, they may seek assistance from family mediation services or apply to the court for a parenting order.
A family lawyer can provide legal advice, assist in negotiating parenting agreements, help draft Consent Orders, and represent you in court if necessary.
Yes, parenting agreements can be modified if there is a significant change in circumstances or if both parents agree to the changes
If a parent breaches a Parenting Order, the other parent may seek enforcement through the court or seek mediation to address the issue.
The time to finalise parenting agreements varies depending on the level of cooperation between parents, the complexity of the case, and whether court involvement is necessary.
Yes, however the weight given to the child’s wishes will depend on their age, maturity, and level of understanding.
If a child is of sufficient maturity and can express their own views, the court may consider those views when determining what is in the child’s best interests. However, it is important to note that the court will not automatically follow the child’s wishes, as the primary consideration is always the child’s best interests.
The court will also take into account other relevant factors, such as the child’s relationship with each parent, their safety and well-being, their need for stability and continuity, and any other factors that may impact their welfare.