What Is A Parenting Agreement?
A parenting agreement is a legal document between parents who share custody of children. The purpose of these agreements is to ensure that both parties understand what they need to do for the best interests of the child. These documents include things like visitation schedules, child support payments, and other financial obligations. Parenting agreements can take form as
- an oral agreement,
- a written parenting plan, or
- Consent Orders
What To Consider When Making A Parenting Agreement
When making a parenting agreement in Australia, you should be aware of the laws regarding child support payments. The court may order either parent to pay for the children’s living expenses, such as food, clothing, housing, education, medical care, etc. If one parent has custody of the children, they must also provide health insurance coverage for them.
There are many things to think about when drafting a parenting agreement. Here are some examples of items that you could include in your agreement:
- Who will have custody of the child?
- How often will you visit the child?
- Will the child live with either parent?
- When will the child start school?
- How much time will you spend with the child?
- What kind of education do you expect the child to receive?
- Do you agree to pay any child support?
- What happens if you move away from the area?
- What happens when the child turns 18 years old?
- Does the child have siblings?
- Is the child safe from child abuse or family violence?
- Does the child require medical treatment?
Making Parenting Arrangements
If you want to make parenting arrangements in Australia, then please know about the different types of parenting orders available. The main types of parenting orders include sole custody, joint custody, shared parental responsibility, and no contact.
Parenting arrangements are made when parents agree on who has custody of the children after divorce. Custody refers to where children live while they’re under 18. If parents cannot agree about custody, the court decides which parent gets custody. Parents may also decide the level of contact between children and the parent, decisions on child parenting, the duration of time with each parent, the day-to-day responsibilities, ongoing responsibilities and other arrangements for children.
The paramount consideration in making these arrangements will always be the best interests of the child.
Who Can Be Involved In Parenting Arrangements?
If there is an issue between the parents regarding the child’s care, you can involve others in making decisions about the child. You may include members of the extended family such as the grandchild’s grandmother, grandfather, aunt, uncle, cousin, sibling, guardian, foster caregiver, or another person identified by either party as having special responsibility for the child.
Documents For Parenting Arrangements
The documents needed for parenting arrangements in Australia include:
- a declaration of paternity,
- a child support agreement,
- and a power of attorney document.
A declaration of paternity must be signed by both parents when they marry, and a child support agreement must be entered into between the parents after the birth of the child. If one parent wants to change the name of the child, they need to apply for a court order.
What Is the Difference Between A Parenting Agreement And Parenting Plan?
A parenting agreement is a document that sets out how parents will share parental responsibilities for children. The parenting plan is a legal document that details who has what rights and responsibilities when it comes to raising children. It is a good way to make sure that your child support assessment reconises al the care you provide. Both documents are important to ensure that children receive proper care and support from both parents. Parenting plans are not an enforceable agreement in court. Parents may continue to disagree about their parenting about their parenting arrangement. If parents would like to enter their agreement into an enforceable document, they may register a Consent Order.
A Consent Order involves the parties consenting for the Federal Circuit and Family Court of Australia to make an order about something. The court will make a Consent Order if it is satisfied that:
- The parenting plan is in the children’s best interests; and
- The care arrangements will meet the children’s needs
Parents will be obliged to do everything that the parenting order says. The Family Court can penalise someone for failing to comply with a parenting order. If you would like to change a parenting order and the other party does not agree, there are family relationship centres that offer family dispute resolution to suit the particular circumstances of the individual. If you have any questions about the process, please contact our office to talk to one of our friendly Family Lawyers.
What Are the Most Common Parenting Arrangements After Separation?
The most common parenting arrangement after separation is shared custody. This means that both parents share physical custody of the child, and one parent has legal custody. Shared custody is usually awarded when parents cannot agree about how to raise the children.
The two most common arrangements of agreement between parents are:
- The children living with one parent and spending time with the other parent each alternate week or half of the holidays; or
- the children living with each parent on a week-to-week basis.
Family Violence And Parenting Arrangements
In some family law matters, the other parent or the children may be at risk of harm or are exposed to family violence. The court will adopt a cautious approach and consider the welfare of children involved and any chi The aim of family law is to always consider the best interest of the child.
Final Considerations
Decision-making for a child can be a difficult issue and it can be tough to come to a common outcome, especially where there are child safety concerns. If you cannot come to an agreement with your co-parent, you may need to seek a Family Dispute Resolution practitioner or court intervention.
Get Advice About Parenting Arrangements
If you want to know what kind of parenting arrangement would be best for your family, you should talk to a child custody lawyer specialising in child custody cases. Several factors need to be considered when determining how to divide up parental responsibilities between two parents. These include whether one parent has been abusive towards the other, where each parent lives, and which parent has primary responsibility for raising children. At O’Loan Family Law, we have experienced family lawyers that can provide you with the appropriate legal advice for your parenting matters. We always provide personalised advice to clients in relation to their family law matter and aim to provide fair parenting outcomes.