You can write up your own parenting plan (on your own or with the other parent) or you can work with an attorney or legal professional and have them create it. If you don't want to pay the high cost of an attorney, and want to easily make your own agreement, you can use the Custody X Change software.
Custody X Change is software that creates parenting plans. You make each part of your agreement, and then you can print professional documents of your plan. Download a free 30-day trial and see how it can help you.
You can use Custody X Change to:
A parenting plan is an informal agreement that the parents make in order to determine how they will continue to care for and support their children when they are no longer together.
In Australia, when parents divorce or separate they need to make parenting arrangements for their children.
Parents are encouraged to meet together and write their agreement down in a plan instead of relying on verbal agreements.
You are encouraged by the Family Law Act to cooperate and work together to come up with a parenting plan for your children.
This benefits you and your child because making a good parenting plan can help your child adjust better to the new family circumstances.
Cooperating with the other parents can also help you avoid disagreements in the future as well as lengthy and costly court battles.
If you need assistance, you can look to outside sources to help you create an agreement. You can attend mediation or seek out other professionals who work with family dispute resolution to help you.
Keep in mind that you are not alone. Many separated parents are able to sit down together and work out a plan, but just as many have a hard time agreeing on a plan with the other parent and need help.
You can include any information you want in your parenting plan. Because you and the other parent create a plan together, you can make decisions about how to best care for your child according to what is best for your situation.
Usually, parenting plans include at least some of the following information:
As you make a parenting plan in Australia, you should consider the following from the Family Law Act:
Your parenting plan should be unique to your situation and focus on what will best help your child. You can consider finding out some of your child's living preferences and putting them in the plan if you think it is appropriate.
Remember to keep your plan practical, simple, and as concrete as possible so that both parents fully understand and can follow it.
While a parenting plan is more of an informal agreement between the parents, a parenting order is a legally enforceable document that parents are required to abide by.
Parents may resort to obtaining a parenting order when they cannot agree on a parenting plan, or when parents want to make their parenting plan into an official legal document.
All Australian parenting orders must be approved (or created) by the Family Court.
If you wish to obtain a parenting order based on an agreed upon parenting plan, you must submit your plan to the Family Court for approval. The court will review it before making it into an order.
If you are unable to agree on a parenting plan, you will have to have a court hearing or a trial. In a hearing or trial, the Family Court will listen to the parents' ideas for parenting arrangements and make an order that the parents must follow.
The Family Court will issue a parenting order, which usually contain information about one or more of the following:
An order can be changed if you and the other parent develop a parenting plan and both agree to the new terms and conditions.
Until then, the parenting order is a legal document and both parents are required by law to follow it. If the court finds that you have failed to follow an order you can be fined, imprisoned, ordered to attend parenting classes, etc.
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The Australian Federal States and Territories (by population, 2010) are: New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, Australian Capital Territory, Northern Territory, Australian Antarctic Territory.