If you’re separating or have already separated and share children with your former partner, deciding on parenting arrangements is one of the most important steps.
But do you need a parenting plan or a parenting order? Understanding the difference can help you choose the right path forward for your family.
Summary: A parenting plan is an informal, written agreement between parents about the care of their children. A parenting order, on the other hand, is a legally binding decision made by a court. While both help structure parenting responsibilities, the level of flexibility, enforceability, and process involved differs. The right choice depends on your situation, level of cooperation, and whether court involvement is needed.
What Is a Parenting Plan?
A parenting plan is a written agreement that outlines the arrangements for your children after separation. It’s developed jointly between both parents and doesn’t require a lawyer or court.
A parenting plan usually includes:
- Living arrangements for the child/children
- How much time each parent spends with the child
- Communication between the child and each parent
- Holiday and special occasion arrangements
- How decisions are made for education, health, religion, and more
Key points to remember:
- Parenting plans are not legally enforceable.
- They can be changed at any time if both parties agree.
- They work well when communication is respectful and both parents are committed to cooperation.
Parenting plans are often recommended as a first step, especially if there is no history of family violence or serious conflict.
What Is a Parenting Order?
A parenting order is a set of instructions made by the Family Court. It can be made by consent (if both parties agree) or by the court after a hearing if there’s a dispute.
A parenting order may cover:
- Where the child lives and who they live with
- How much time they spend with each parent or other relatives
- How parents communicate with each other and make decisions
- Provisions for schooling, religion, health, and travel
- Any restrictions to protect the child’s safety and welfare
Important to know:
- Parenting orders are legally enforceable.
- Breaching an order can result in serious consequences.
- They are suitable when agreement cannot be reached or where safety is an issue.
Parenting Plan vs Parenting Order: Key Differences
Aspect | Parenting Plan | Parenting Order |
Legally binding | No | Yes |
Created by | Parents (by agreement) | Court (by consent or decision) |
Flexibility | High – can change anytime by agreement | Less flexible – must apply to court to vary |
Enforcement | Not enforceable by law | Enforced by the court |
Cost | Minimal or none | Can involve legal fees and court costs |
Time | Can be arranged quickly | May take weeks or months depending on dispute |
Which Option Suits Your Situation?
Choose a parenting plan if:
- You and your ex-partner can communicate respectfully
- You’re both willing to collaborate on your child’s best interests
- There’s no history of family violence
- You want a flexible arrangement that can change over time
Consider a parenting order if:
- There is conflict or lack of agreement
- One parent is not following a parenting plan
- Family violence or safety concerns exist
- You need a legally binding arrangement
Sometimes, a parenting plan is used first to test the waters, and if it doesn’t work out, a parenting order may be sought later.
Getting Legal Advice for Parenting Arrangements
Even when things seem amicable, it’s wise to get legal advice to make sure your parenting plan meets your long-term needs. If things become difficult, a family lawyer can help you apply for a parenting order that protects your rights and your children’s wellbeing.
At Simonidis Steel, our experienced family lawyers can guide you through the entire process, whether you’re making a simple parenting plan or need to go to court for parenting orders.
Key Takeaways
- Parenting plans are informal agreements between parents and are not legally enforceable.
- Parenting orders are court-made and legally binding, with serious consequences for breach.
- The right option depends on your ability to cooperate and whether legal enforcement is needed.
- Legal advice can help you choose the most suitable path for your family’s unique situation.
FAQ
Can I turn a parenting plan into a parenting order?
Yes, you can apply to the court for a consent order based on the terms of your parenting plan, making it legally binding.
What happens if my ex doesn’t follow the parenting plan?
Unfortunately, parenting plans are not enforceable. You may need to seek legal advice about applying for a parenting order.
Can I change a parenting order?
Yes, but you’ll need to apply to the court to vary the order, and usually you’ll need to show there’s been a significant change in circumstances.
