Hi there. Parenting arrangements after separation can be made in one of three ways. The first option is to negotiate a ‘parenting plan’ with your former partner. This is a written agreement that sets out the parenting arrangements with respect to your children. The plan can specify who has custody of the children and for what periods of time, visitation rights, and anything else you want to put in writing about how your children will be parented. You can make this plan without having to go to court. However, this means that the parenting plan is not legally enforceable. In other words, neither parent is legally required to comply with the plan and, if one parent does not follow the plan, the other does not have any legal right to enforce the plan.

The second option is to obtain a ‘consent order’ that has been approved by a court. This is a written agreement that you have reached with your former partner outlining the parenting arrangements regarding your children. A court will only approve a consent order if the orders you seek are in the best interests of the children. A consent order would make your parenting arrangement legally binding. To apply for a consent order you must complete an Application for consent orders kit and attach the proposed orders. You will also need to complete an Annexure to draft consent parenting order. This should be filed with the court at the same time as the application for consent orders. These forms are available for download atwww.familycourt.gov.au.

The third and slowest option is where you are not able to reach an agreement with your former partner about parenting arrangements. In this situation you can apply to court for a ‘parenting order’. This is a court order that specifies who the children will live with, how much time the children will spend with each parent, the allocation of parental responsibility and any other aspect of the children’s care and welfare. The court will make its decision based on the principle that each parent has parental responsibility for the children until they reach 18 years, and that the parenting arrangements must be in the best interests of the children. Both parents must comply with the parenting order made by the court. Penalties apply if a parenting order is breached.

If an intervention order exists between you and your former partner, this may be referred to in the parenting plan, consent order or parenting order (whichever option you choose). If you go to court, the court orders may override the terms of the intervention order, but only to the extent necessary to facilitate parenting arrangements that the court deems to be in the best interests of the child (e.g. drop off and collection of children between parents).

Suggested way forward

If you agree with your former partner about parenting arrangements, you can negotiate a parenting plan (non-binding) or obtain consent orders from the court (binding). There is no obligation to commence full court proceedings to obtain a parenting order. 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.