Parenting Arrangements - how to document them, and which option is right for your family

When separation occurs there is often countless discussions about which parent will care for the children and on which days, where do they spend the school holidays, or which parent has Christmas this year.

Documenting the parenting arrangements can assist in mitigating future conflict and there are ultimately different ways to document or set out the parenting arrangements and each option may work better for different families.

When working out the parenting arrangements for your children it is vital to keep the childrens best interests as the paramount consideration. Simply because you want to spend more time with your children, might not necessarily mean that it is practical or what is best for the wellbeing of the children.
‍

Verbal Agreement

The first, most simple and flexible option is simply agreeing verbally with the other parent about what the arrangements may be. This option works for parents that are able to communicate openly and freely with their co-parent. It has a high level of flexibility which can benefit particularly shift workers, who do not have the same work schedule every week and therefore are not always available on the same day each week for the children to spend time with them.
‍

Parenting Plan

A parenting plan is a little more formal and involves a written document, that both parents usually sign, setting out what time the children spend with each parent. This document is not binding, which has both positives and negatives.

Firstly, a positive is that it means that it can be updated at any point. For example, when the children transition to either primary school or high school the parenting arrangements may need to change as the children enter this new phase.

Secondly, if you find that there are elements of the current parenting plan that aren’t working, perhaps the changeover time on Christmas Day is impacting lunch plans, then these can easily be updated and amended in a subsequent parenting plan.

A downside to a parenting plan is that because it is not binding either parent can unilaterally decide to stop following/abiding by it at any time. Whilst a signed parenting plan can be persuasive if you had to initiate Court Proceedings, it is not enforceable by the Courts.

‍

Court Orders

Court Orders are the most formal avenue for documenting your parenting arrangements. However, they can be obtained in two ways.

The first way is through an Application for Consent Orders. If both parents are in agreement about the parenting arrangements (or we can assist to negotiate them on your behalf), then an application can be submitted to the Federal Circuit and Family Court of Australia (FCFCOA). A Judicial Registrar of the Court will review the proposed Orders and determine whether they believe the Orders are in the best interests of the children, and if so, they will stamp the Orders and they will become binding.

The second way is through commencing legal proceedings in the FCFCOA. Prior to commencing proceedings, parents must attempt Family Dispute Resolution (also commonly known as Mediation) unless an exemption applies. This process arises when parents cannot agree as to what time the children spend with each parent would be in the children’s best interests.

Ultimately the paramount consideration all parents must have when determining the parenting arrangements for their family and the way in which they are documented, is what is in the best interest of the child/children. We must remember that each family and child is different, so there is not one size that fits all, so it is essential to take care when considering the parenting arrangements keeping in mind the specific needs of the children and the family unit.

‍