Keeping parents out of court
An incentive has been introduced by the Federal Government to encourage parents to resolve parenting issues without having to go to court.
Parents can now enter into voluntary parenting plans, which deal with long-term and day-to-day issues about their children as well as the time that each parent spends with their children.
A parenting plan must be in writing, signed and dated by both parents, and be made free of any threats or duress.
If the parents later go to court and a parenting plan is in place, the court is obliged to consider the terms of the plan when making parenting orders, if the plan is in the best interests of the child.
However, a parenting plan is not legally enforceable so if one parent doesn’t comply with the plan, the other parent is not able to have the plan enforced by a court.
On the other hand, a parenting order is a legally enforceable document. Like a parenting plan, parents can voluntarily enter into parenting orders, or these may be made by a court. Parenting orders cover the same issues as parenting plans, namely long-term and day-to-day issues as well as time that each parent spends with their children.
They have the same legal effect as if they had been made by a magistrate or judge at a court hearing, but can be made without having to go to court.
The difference with a parenting order is that the document can be enforced by the court, should one parent not comply with the orders.
Please contact the Kells Family Law Team for more information or expert advice on other family law matters.
