Parenting Plan or Parenting Order?

[sally.maye]

My child's father and I have separated and have been to mediation trying to set up a parenting agreement (custody of children) for our child. Unfortunately we have not been able to come to any agreement.

I have been told my next step is to apply for a "court ordered parenting plan" i.e. terms determined by a family law judge.

I have been given conflicting information - is it better for me to lodge the documents at the court or should I wait until the father lodges the forms and I become the respondent? I am wanting to get this sorted out ASAP for the benefit of our child.

Thank you in anticipation.

 

[Jacob Romano]

If you think there is any prospect that the father will not comply with a parenting plan fully, then do yourself a favour and avoid a decade of frustration by ensuring you have Parenting Orders by Consent, or as ordered by the Judicial Officer. Do not rely on a Parenting Plan

The major difference between these 2 documents is that if a Parenting Plan is not followed by the father, well there is nothing you can do about it. However if he breaches a Court Order, then there are consequences, sometimes serious ones.

[Moderator Edit - Community Guidelines]

 

[rebeccag]

G'day Sally Maye,
If you're wanting to get thing sorted asap and you're prepared and understand about applying for a parenting order, then I think you should proceed. Have a look at the Family Law Courts "If you can't agree on arrangements" page that take you through the steps, considerations and requirements for parenting orders. Have you had a family lawyer provide you with legal advice / assistance as yet?

At least with a parenting order, your child's father must comply with it. Check out these LawAnswers Family Law Forum posts about legally enforceable parenting arrangements and complying with orders:

• Custody of Children - Breach of Orders?
• Mothers Rights - Custody of Children