GET­TING YOUR CARE PLANS SORTED

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

Style Magazine - - Promotion - BY LYNN ARM­STRONG, BEST WIL­SON BUCK­LEY

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.

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