Family lawyers Melbourne
Children and Parenting Orders
Children and Parenting Orders in Family Law
Parenting Plans Vs Parenting Orders
Parenting plans
A parenting plan is a written agreement between separated parents outlining arrangements for their children’s care, including living arrangements, education, and visitation. While not legally enforceable, it reflects mutual agreement and can serve as a basis for formal court orders if needed.
Parenting orders Or Consent Orders
Disputes over visitation rights and time with children can be resolved by agreement between the parents and formalised by filing documents with the Court (consent orders also referred to as parenting orders). The agreement may be reached as a result of a mediation between the parties or by a court after after a trial.
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Legal factors regarding parenting and children decisions during separation and divorce
Make decisions in the best Interests of the child
Joint parental responsibility
Joint parental responsibility refers to all the duties, responsibilities and authority which parents have in relation to their children. This means that both parents have equal responsibility for making decisions about major long term issues in their children’s lives, such as decision about their child’s education, health, religion, name etc. When some relationships end it is vital to have parenting orders put in place for the parties which dictate how these responsibilites should be divided.
The Family Law Act 1975 (“the Act”) provides for the presumption for joint parental responsibility. The presumption of joint parental responsibility must be applied unless it is not in the child’s best interest or there are reasonable grounds to believe that a parent or person who lives with a parent has engaged in abuse of the children or family violence.
Equal responsibility
Family Law
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