What is a Parenting Plan or Court Order?

If you wish to document a settlement of children's arrangements the Family Law Act suggests that you consider using a Parenting Plan. This document, which can be quite informal, sets out arrangements for children and is signed by both parents. In addition, it can be signed by another adult (such as a grandparent) if they are participating in the children's arrangements, provided that the agreement is also signed by both parents.

The down side of a Parenting Plan is that it is not registered in a Court and strictly speaking is not legally binding.

If a party fails to observe the terms set out in the Parenting Plan they cannot be punished by the Court for breaching the agreement. In such a scenario, the only alternative would be to apply to the Court for specific orders to be put in place regarding the children's arrangements. Court orders are legally binding and, if a person is unreliable, a Court order is preferable to a Parenting Plan.

More often than not we have seen Courts trying to honour the Parenting Plan when asked at a later time to make Court orders governing children's arrangements.