GETTING YOUR CARE PLANS SORTED

Settling arrangements in a family law matter in the children’s best interests

With special occasions just around the corner (Christmas, holidays and the New Year) Parenting Plans are a way of managing these special occasions to include time with your children that is in the best interests of the children.

There are two options for settling arrangements for children in a family law matter – Parenting Plans and Parenting Orders.

The primary difference between a Parenting Order and a Parenting Plan, is an Order is easier to enforce in most cases.

If someone beaches an Order and the breach is significant enough, the other party is able to contravene them in court to seek remedy for the breach.

This, in most cases, cannot happen for a strict agreement formalised only as a Parenting Plan.

While Orders tend to remain, I believe, the first choice for most solicitors, in most cases the Parenting Plan can be of definite assistance when an unexpected occasion raises its head, or arrangements need to be changed, or where there may be urgency in formalising arrangements. Once a Minute of Consent is signed by both parties, it will probably meet the requirements of a Parenting Plan, and may effectively be one until Orders are made. Whether you already have orders in place, or no formal agreement in writing, a Parenting Plan is often the first step.