Parenting Plans vs Parenting Orders: What Is the Difference?
After separation, parents often need to make decisions about where children will live, how much time they will spend with each parent, schooling, health care, holidays and communication. Two common ways to record parenting arrangements are parenting plans and parenting orders.
Understanding the difference is important because parenting plans and parenting orders do not have the same legal effect. If you need advice about parenting arrangements, speak with our child custody lawyers in Perth.
What Is a Parenting Plan?
A parenting plan is a written agreement between parents about arrangements for their children. It can cover practical matters such as living arrangements, time with each parent, school holidays, birthdays, travel, communication and decision-making responsibilities.
Parenting plans can be useful when parents are able to communicate and cooperate. They are often flexible and can be updated by agreement as children grow and circumstances change.
- Where the children will live
- Time spent with each parent
- School holiday and special occasion arrangements
- Communication between children and parents
- Education, health and major long-term decisions
- Changeover locations and practical arrangements
You can find general information about parenting arrangements through Family Relationships Online, an Australian Government family law information resource.
Is a Parenting Plan Legally Enforceable?
A parenting plan is not usually enforceable in the same way as a court order. This means that if one parent does not follow the plan, the other parent may not be able to enforce it directly through the Court.
However, parenting plans can still be important. They can help parents clarify expectations, reduce conflict and provide structure for children. In some situations, the Court may consider the terms of a parenting plan if a dispute later arises.
What Are Parenting Orders?
Parenting orders are legally binding court orders about arrangements for children. They may be made by agreement through consent orders, or after a Court hearing if parents cannot agree.
Parenting orders may cover similar issues to a parenting plan, including where children live, how much time they spend with each parent, parental responsibility, communication and travel arrangements.
The Family Court of Western Australia provides information about family law processes in WA, including parenting matters and court applications.
When Should Parents Consider Parenting Orders?
Parenting orders may be appropriate where parents need legally binding arrangements, where there has been ongoing conflict, where communication is difficult, or where there are concerns about safety, risk or non-compliance.
- Parents cannot agree on parenting arrangements
- One parent is not following informal arrangements
- There are concerns about relocation or travel
- There are family violence or safety concerns
- Children need more certainty and structure
- Parents want legally enforceable arrangements
If your parenting matter may require court involvement, our family court lawyers in Perth can provide advice about your options and the steps involved.
Do Parents Need to Attend Mediation First?
In many parenting matters, parents are expected to attempt family dispute resolution before applying to the Court, unless an exception applies. Mediation can help parents discuss issues and work towards a practical agreement without immediately starting court proceedings.
Our family law mediation support lawyers in Perth can help you prepare for mediation, understand your legal position and consider practical parenting options before making decisions.
Which Option Is Better?
There is no single answer. A parenting plan may be suitable where parents communicate well and want flexible arrangements. Parenting orders may be more appropriate where legally binding arrangements are needed or where conflict, uncertainty or safety concerns exist.
Before agreeing to any parenting arrangement, it is sensible to get legal advice so you understand the practical and legal consequences.
Speak With a Perth Child Custody Lawyer
Parenting matters can be emotional and complex. Adamson & Adamson Lawyers assists parents across Perth and Western Australia with child custody disputes, parenting plans, parenting orders and family law mediation.
If you need advice about parenting arrangements after separation, contact our child custody lawyers in Perth or book a consultation.
