Author: Carol Pages, Pages Family Law.

You’ve agreed on how your children will spend time with you and your ex-partner now that you’ve separated.  You may have an informal agreement that changes weekly or monthly, or a parenting plan you’ve prepared yourselves or with the help of a mediator.  Is it enough? What should you do to record your parenting agreement after separation?

Put it in writing

The advantages of having a written agreement rather than a verbal agreement include:

• ● Certainty – you will know your arrangements into the future, so be able to make plans knowing when you will have the children spending time with you

• ● Stability – depending on their ages your children will know in advance which parent they will be spending time with, which gives them a consistent routine

• ● Reduces conflict – having a set schedule avoids weekly or fortnightly re-negotiation, which can help avoid arguments

• ● Flexibility – if the needs of either parent or the children change, such as a change of schedules for the children or work shifts for either parent, an update to the agreement can be done by both parents in writing, such as email.

How can parenting arrangements be documented?

There are two major ways to record your parenting arrangements, and both have all of the advantages mentioned above.

1 – Parenting plan

A parenting plan is the common document used by mediators when parents reach agreement (or part agreement) about their parenting arrangements, or when separated parents prepare their own arrangements.  There is no specified format for a parenting plan.

2 – Consent orders

An application for consent orders can be made by both parents either directly to the Court or with the assistance of a lawyer.

Which is better?

We usually recommend consent orders for clients as the main advantage is that consent orders are enforceable, whereas a parenting plan is not. 

Although consent orders are approved by the Court, it is not necessary to go to Court to get them.  The application is made by completing the Court form, and making the application electronically via the Court portal.  You do not need a lawyer to get consent orders for your parenting matter.

Can a lawyer help me?

Yes. We often assist clients who have a parenting plan turn these into consent orders.

Having a lawyer review your parenting plan is also an opportunity to consider whether there is anything additional to be included in your agreement – such as special days, school holidays, graduated increase in time as the children get older, changeover ideas, and procedures to follow in the future in the event of any disagreement to minimise conflict between the parents.

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The content of this article is provided for information purposes only and does not constitute legal advice.  We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.

Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077.