A parenting plan is not legally enforceable. Although a court must consider the most recent parenting plan if the matter does get to court (if it is in the best interests of the child to do so) the court does not have to make orders that reflect that plan.  

If a parent breaches a parenting plan, the court does not have the power to enforce the plan as it does with court orders.  

However, the reality is that most people cannot reach an informal agreement after separation and an agreement comes about after negotiation once each party has appointed a lawyer. Those agreements are known as consent orders. Once signed, they are lodged with the court for approval and once approved, they become legally enforceable court orders just like any other court order. 

TL;DR: No. Parenting plans aren’t legally enforceable, but they can guide court decisions if it is in the best interest of the child to do so. Consent orders are enforceable and more protective. This is a summary only and not legal advice. See full answer above or discuss parenting orders with Lawpoint today for guidance tailored to your situation. 

 In the case where no agreement can be reached, one party will make an application to the court and the court will decide what the parenting orders should be (taking into account the best interests of the child).  

The court requires separating families who have a dispute about children to make a genuine effort to try and reach agreement through family dispute resolution before an application is filed with the court, unless an exemption applies (such as family violence, child abuse or there is an urgent need to file the application).  

There are practical benefits of trying to reach an agreement without going to court such as avoiding the stress associated with court proceedings, resolving the dispute quickly and avoiding the costs of a contested court application. 

TL;DR: You’ll need to try family dispute resolution first. If that fails, the court will decide parenting arrangements based on the child’s best interests. This is a summary only and not legal advice. See full answer above or speak to a child custody lawyer at Lawpoint today for guidance tailored to your situation. 

You do not need to be divorced to apply for parenting orders. These decisions can start as soon as the couple separate and are not affected by whether a divorce has been granted. 

TL;DR: Yes. Parenting orders can be applied for at any point after separation. Divorce doesn’t need to be finalised first. This is a summary only and not legal advice. See full answer above or speak to Lawpoint for guidance tailored to your situation. 

After you separate, here are some steps separated parents in Australia can take to support their children’s wellbeing: 

• Always remember that your children are likely to feel the emotions of your separation more strongly than you and your spouse, especially if they are very young. Therefore, it’s important to try and limit (or eliminate completely) acts of anger or fighting in front of children.  

• Try to agree on a plan to tell the children what is happening and reassure them that despite your separation, they will still see and be loved by each parent.  

• Try to reach agreement on who the children will live with and who and how often they will spend time with the other party.  

• Try to maintain your children’s daily routine as much as possible and try to agree with your spouse on who will be responsible for taking the children to each of their activities.  

• Try to maintain your children’s relationships with each of the other significant people in their life, such as grandparents. Preventing the children from seeing a grandparent they love out of anger towards a spouse does not punish the spouse or grandparent as much as it punishes the child.  

• Inform your children’s school of your separation so that the school keeps a closer eye on your child to ensure that there is no change in your child’s behaviour that may indicate distress as a result of your separation.  

• Do not alienate your children from the other parent. This is not only harmful to your children’s long term emotional health and wellbeing but is an action which is viewed very negatively by the courts. It may result in you losing time with your children (i.e. the court ordering the child to spend more time with or to live with the other parent).  

• Consider attending relationship counselling with your spouse in an attempt to reach agreement on parenting arrangements for the children post separation. Contact a lawyer to seek legal advice which is tailored to your personal circumstances.  

TL;DR: It helps to make a plan early. Focus on practical steps for parenting, money, and property, and get advice tailored to your situation. This is a summary only and not legal advice. See full answer above or speak to one of Lawpoint’s family law lawyers for guidance tailored to your situation.