Following a separation or divorce it is important to understand how the law can protect you and your children and the way in which parenting plans operate in Queensland. A parenting plan is a written agreement that sets out parenting arrangements for children.
When a child is involved in a separation or divorce, the law will always seek to place the best interest of the child first. This means that who the child lives with, shared custody, child support, child maintenance, and parenting plans are important areas to ensure you get legal advice on throughout the separation and divorce process.
It is important to understand that there are a number of principles important for children’s welfare. Such as the right for a child to know and be cared for by both parents, the right for a child to communicate and spend time with both parents, and that both parents are expected to jointly share the responsibly for taking care of the child’s welfare and development.
As such, parents are encouraged to use a parenting plan in order to create information agreements in writing between the parents of the child about how best to take care of the child. A parenting plan can help agree to ways in which the child is raised, who the child is to live with, means of communication, dispute resolution, and parenting responsibility. The drafting of these agreements is important, and it is best to ensure that you consult a legal professional, such as the Phoenix family law team, in order to ensure that all parties are aware of the nature of parenting plans and what these responsibilities mean.
Consent orders are the enforceable element of parenting plans. These are in important element to consider if the informal parenting plan is being breached, or if the parents want to create a more binding agreement. It is a more complicated process and the Phoenix Family law team can help talk you through the process, how the Family Court of Australia will approach the matter, and assist with the applications.
If you are going through this process, then you must appreciate that the rights of the child always need to come first. That is why you need to understand how complicated these orders and plans can be, especially when dealing with the long term considerations. You should always make sure you understand as much as possible about the legal process and how to ensure that you, and your child are protected.
If you have any questions about family law or parenting orders, then you can reach Phoenix law on +61 (07) 3180 0908
Alternatively you can request a call back by filling out the form on this page.