A parenting plan is a written agreement that confirms the parenting arrangements for the child. A parenting plan must:
- Be in writing; and
- Be made between the parents of a child; and
- Be signed by the parents of the child; and
- Be dated; and
- Deal with a relevant matter.
A parenting plan may deal with the following matters (relevant matter):
- The person or persons with whom a child is to live;
- The time the child is to spend with another person or other persons;
- The allocation of parental responsibility for a child;
- If two or more persons that share responsibility for a child – the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility;
- The communication the child is to have with the other person or other persons;
- The maintenance of the child;
- The process to be used for resolving
- disputes about the terms or operation of the plan;
- The process to be used for changing the plan to take into account the changing needs or circumstances of the child or the parties to the plan;
- Any aspect of the care, welfare, or development of the child or any other aspect of parental responsibility for a child.
A parenting plan is not a legally enforceable document. However, if your matter ends up in court, the court must have regard to the terms of the parenting plan.
A consent order is a written agreement that is approved by the court. It can include the agreement reached in relation to parenting and also property settlement. A consent order is a legally enforceable document. If a party to the order breaches the terms of the order, you can file an application for contravention seeking that they are dealt with for their breach.