Parenting Orders
Parenting Plans
Parenting plans are written agreements between parents that outline the arrangements for their children’s care and well-being. While they are not legally enforceable, they can be useful in guiding parenting decisions. Parenting plans can cover various aspects, including living arrangements, visitation schedules, education, health, and other significant issues relating to the children’s upbringing.
Consent Orders
Consent orders are formal agreements approved by the court. They have the same legal effect as court-issued parenting orders. Parents can reach a mutual agreement on parenting arrangements and submit it to the court for approval. Once the court approves the consent orders, they become legally binding, and both parents must comply with them.
Court-Ordered Parenting Orders
When parents cannot reach an agreement on parenting arrangements, they may need to seek court intervention. The court will consider the best interests of the child as the paramount consideration when making parenting orders. The court will take into account factors such as the child’s age, wishes, relationship with each parent, and any history of family violence or abuse.
Court-ordered parenting orders can cover various aspects including the following :
- Custody and living arrangements : Determining where the child will live, including shared custody, primary residence, or visitation rights.
- Parental responsibility : Allocating decision-making authority regarding significant long-term issues, such as education, healthcare, religious upbringing, and extracurricular activities.
- Communication and visitation : Outlining the arrangements for the child to spend time with both parents, including visitation schedules, holidays, and special occasions.
- Dispute resolution : Including provisions for resolving future disputes or disagreements between the parents, such as attending mediation or seeking the court’s intervention.
Varying or Contravening Parenting Orders
If there is a need to change or modify existing parenting orders, a parent can seek to vary the orders through the court. It is crucial to demonstrate a significant change in circumstances or a substantial risk to the child’s well-being to succeed in varying parenting orders. Contravening or breaching parenting orders without reasonable excuse can result in penalties, such as fines or changes to the existing orders.