Are parenting plans enforceable?

When parents separate, one of the most challenging things is deciding how to share parental responsibilities for their children. Many parents turn to a parenting plan for this. It’s an informal written agreement that outlines how children will be cared for after separation. This includes living arrangements, decision-making responsibilities and time with each parent. But are these plans legally enforceable, or are they simply just guidelines?

In Australia, a parenting plan isn’t something that the courts can enforce under the Family Law Act 1975, however they still play an important role. While they provide a clear understanding between parents about the care of their children, they do not have any legal weight even if both parents agree to it in writing. This means that one parent can’t take the other parent to court for not following the plan.
However, this doesn’t mean that parenting plans are useless. Parenting plans can be considered by the courts if future legal disputes arise. If a parent seeks a formal Parenting Order, the court may look at an existing parenting plan to help understand past agreements and determine what is in the child’s best interests.

If both parents agree on the arrangements in a parenting plan, they can apply to the Federal Circuit and Family Court of Australia to have it converted into a consent order.

• Consent Orders Are Legally Binding
• Once approved by the court, consent orders have the same legal effect as a Parenting Order made by a judge. This means that if one parent does not follow the agreement, then the other can take legal action to enforce it.
• No Court Appearance Needed
• Parents can apply for consent orders online without attending court, making the process easier and straightforward
• Court Consideration of the Child’s Best Interests
• Before approving the consent orders, the court will assess whether the arrangements are in the best interest of the child

While parenting plans are a great starting point and are helpful for establishing expectations, they are not legally binding. If you want security and legal protection, changing your parenting plan into a consent order is the way to go.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.