Hi there. The promise could be incorporated into formal parenting arrangements for your children, namely a parenting plan or consent order.

A 'parenting plan' is a signed, written agreement that can cover anything relating to how your children are parented. It can be created and changed at will without court proceedings if both parents agree to the conditions in place. However, parenting plans are not legally enforceable so there would be no legal consequences if the terms are breached. If you want a ‘legally’ written promise that is legally enforceable, a consent order may be more suitable.

Obtaining a consent order from the Family Court of Australia or Federal Circuit Court makes a parenting plan legally binding. If a consent order is breached, the person involved must go to court. The court may order the person to fix the situation by paying financial compensation to another party (e.g. the other parent) or the court may modify the parenting arrangements if there has been a change of circumstances. If a parent fails to comply with a court order, they may face a fine and/or imprisonment in serious cases.

However, not all applications for a consent order are approved by the court. By law, the court must be satisfied that the proposed parenting arrangements are in the best interests of the children. To obtain a consent order, you must convince the court that it is in your children's best interests to be kept away from your ex-girlfriend.

Suggested way forward

If you agree with your ex-wife about parenting arrangements, you can negotiate a parenting plan (non-binding) or obtain consent orders from the court (legally binding). You should consider speaking to a family lawyer who can fully advise you of your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services