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Alan Weiss

26th March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.

Written agreements made by parents can be made enforceable by obtaining a consent orders

After a divorce or separation, parents need to arrive at an understanding about how their children will be parented. If you come to an agreement, a Family Law Court can make those decisions for you by entering a parenting order.

If you can, it is better to make your own parenting agreement without involving the Family Law Court. Both parents will need to make compromises, but you save money and maintain control over the process if you make a parenting agreement. Most parents find that more satisfying than leaving their fate in the hands of a judge who does not know them.

Once you have settled on the terms of an agreement, you need to decide how you will document the agreement. This article will explain your choices.

Informal agreements

Parents can agree upon how their children will be raised during their separation or divorce without putting anything in writing. Informal agreements have the advantage of flexibility (they are easily modified if circumstances change), but they are not enforceable.

It is generally better to have a formal written agreement. Written agreements help you avoid misunderstandings. They can also become the basis for an enforceable court order. A court order provides protection if one parent decides not to follow the agreement.

Consent orders

The easiest way to make your parenting agreement enforceable is to apply for a consent order. The Family Law Courts can provide you with an application or you can find one on the court’s website.

Attach your parenting agreement to the application and, if it is reasonable and complete, the court will enter an order that makes your agreement just as enforceable as a parenting order entered after a contested hearing.

Parenting plans

A parenting plan is a written parenting agreement, signed by both parents, that addresses the following parenting issues;

  • where the child will live
  • the time the child will spend with the other parent
  • the communication the child will have with the other parent
  • the allocation of parental responsibility (daily decision-making) for the child
  • if parental responsibility will be shared, the kinds of decisions that must be made jointly
  • how the parents will communicate with each other to make shared decisions
  • how disputes will be resolved

how the plan will be changed if changes become necessary.

The Family Law Act encourages parents to negotiate a parenting plan and to use the courts to make decisions about their children as a last resort. If a parenting order has been entered, a parenting plan can be used to change the terms of the order unless the order prevents the parents from doing so.

Parenting plans are not enforceable in court unless they are incorporated into a consent order. A parenting plan can be regarded as evidence of the parents’ intentions if a parent applies for a parenting order.

The court will likely be guided by the parenting plan, provided that it is in the child’s best interests. To make a parenting plan enforceable, however, parents should obtain a consent order.

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