A parenting arrangement is a parental strategy made and agreed by both parents following a divorce or separation. A parenting arrangement can be done orally, through a written document also called parenting plan or an agreement via legal court order called consent orders. The focus of a parenting arrangement is to ensure that both parents will provide the needs of the child in consideration to the child’s best interest.

Things to Consider in Making a Parenting Arrangement

There is no exact template to follow in creating a parenting arrangement. However, there are certain important aspects that should be included in the arrangement.

While there may be variation from one arrangement to another due to differences in circumstances and needs, the common elements that should be included in a parenting arrangement are as follows:

• The child’s age
• The parent who is in the best position to provide the child’s everyday care
• The special needs of the child, e.g. health and medical needs, schooling
• Educational needs of the child
• Practical considerations e.g. transportation and accommodation needs
• Cultural needs of the child, especially when the child is Torres Strait Islander or Aboriginal
• The child’s personal views and perceptions
• Overall safety of the child

The parenting arrangement can be changed or updated as the child’s needs changes while growing or over time.

Who Can Be Involved in Parenting Arrangements?

The Australian law recognises that families vary and that some families are extended where there are grandparents and other individuals providing care for the child. Each of these individuals in the extended family plays an important role in the child’s development.

For as long as it contributes to the child’s best interest, extended family members, such as grandparents and other concerned individuals can be included in the parenting plan, parenting order, or consent order from the court.

Next Steps

If both parents agree to the details indicated in the parenting arrangement, they will proceed to creating a parenting plan or consent order.

• Parenting Plan. This is a written agreement that stipulates the care arrangements for the child. Both parents affix their signatures on the document as a sign of consent or agreement to the arrangements. A parenting plan can be changed depending on the needs or circumstances. However, a parenting plan is not legally enforceable but the court will refer to the plan when making a parental order.
• Consent Order. To make the agreement legally binding, you can apply for a consent order before the court. To apply for this particular order, you need to complete the Application for Consent Orders kit and attach it to the proposed order. Another form to fill out is the Annexure to draft consent parenting order. This should be submitted along with the application for consent orders.

However, in the event that one of the parents disagrees with the terms and conditions, either of the parents can file for a parenting order. Before a parenting order is filed in court, both parents will be advised to go through a Family Dispute Resolution (FDR). The certificate that you have undergone FDR will be attached to the application to signify that you have gone through the process.

• Parenting Order. This is an order made by court outlining the parental responsibilities of both parties and the arrangements in place for the child.

What If the Arrangements Are Not Working?

If you think that the order in place for your child is not or no longer working, you can apply before the court to get a new consent order, a new parenting order or you can create a new and updated parenting plan. However, while any of the mentioned remedies are not yet filed and approved, the court order will continue to take effect and presumably be followed.

If the parenting arrangement is no longer working, you can try to do the following solutions:

• Apply before the court for the parenting order to be changed or cancelled
• Talk to the other parent, carer or the other persons involved about changing the parenting arrangements

Breach of Parenting Orders

Since orders are legally binding, any contravention or breach means accountability before the court. The offending party can be subjected to penalties and even jail time, depending on the severity of the breach. However, there are exceptions to the breach and the court will recognize these exceptions upon verification.