Parenting arrangements after separation
Separated parents can reach agreements about parenting arrangements for their children that cover:
Who has parental responsibility
Who the children live with
How often they spend time with the other parent
Where changeovers occur
Special occasions, such as birthdays, Christmas, Mother’s/Father’s Day
Domestic and international travel
Communication
Education
Health
There is no rule that children must spend equal time with their parents. The most appropriate care arrangements will depend on the specific needs of the children and the specific circumstances. Ultimately, parents should aim to reach a parenting agreement that reflects the best interests of their children.
Some separated parents are able to manage with an informal parenting agreement. Others prefer to enter into a formal agreement about the care arrangements for their children. These are known as Parenting Plans.
A Parenting Plan must be in writing, signed by both parents and dated. A Parenting Plan is not legally enforceable, however, the Court can consider what was agreed in the Parenting Plan if the parents go to Court later.
If parents want to make their parenting agreement binding and enforceable, they can ask the Court to make a Consent Order. Consent Orders must be approved by the Court and are usually prepared by lawyers.
When parents can’t agree on care arrangements for their children, they can ask the Court to decide. The Court’s priority is the child’s best interests and ensuring that the child maintains a meaningful relationship with both parents, provided it is safe to do so.
If you need help negotiating with your ex, or would like to formalise your agreement, book in an initial conference to discuss your options and next steps.