If you and your ex-partner can agree on the arrangements for your children, you have a number of options including:
- Have an informal agreement – This can be a verbal agreement or done in writing. Many parents prefer to have an informal agreement because it is more flexible than Parenting Orders. However, an informal agreement is not enforceable if a parent does not follow it.
- Have a Parenting Plan– You and your ex-partner can write this together or with the help of a mediator or a lawyer. A Parenting Plan is not enforceable if a parent does not follow it.
- Apply to court for Consent Orders –You can have your agreement made into Consent Orders by filing it with the Family Courts. Consent Orders cover the arrangements until your children turn 18 years old. Consent Orders are legally enforceable and are a type of Parenting Order.
It is important to get legal adviceACTNSWNTQldSATasVicWA about your options.
If you and your ex-partner can agree on the arrangements for your children, you have a number of options including:
- Have an informal agreement – This can be a verbal agreement or done in writing. Many parents prefer to have an informal agreement because it is more flexible than Parenting Orders. However, an informal agreement is not enforceable if a parent does not follow it.
- Have a Parenting Plan– You and your ex-partner can write this together or with the help of a mediator or a lawyer. A Parenting Plan is not enforceable if a parent does not follow it.
- Apply to court for Consent Orders –You can have your agreement made into Consent Orders by filing it with the Family Courts. Consent Orders cover the arrangements until your children turn 18 years old. Consent Orders are legally enforceable and are a type of Parenting Order.
It is important to get legal adviceACTNSWNTQldSATasVicWA about your options.
Unless an exception applies, you must try Family Dispute Resolution (mediation) before you can go to the Family Courts about your children.
Domestic and family violence is an exception to trying Family Dispute Resolution, but sometimes going straight to court may not be the best option for you.
Some people prefer to try Family Dispute Resolution even if there’s been domestic or family violence. If you’re worried about your safety, steps can be taken to make Family Dispute Resolution safer.
You can get get legal adviceACTNSWNTQldSATasVicWA about what is best for you. See I have experienced domestic and family violence – do I have to go to Family Dispute Resolution?
If Family Dispute Resolution doesn’t work or an exception applies, either parent can apply to the Family Courts so the court can decide what the arrangements for your children should be. Court Orders about children are called Parenting Orders.
To find out what the Family Courts must consider when making a Parenting Order, see how does the court make decisions about children?
- Family Court of Western Australia – Consent Orders
- Family Court of Western Australia – Parenting Plans
- Australian Government – Parenting Orders, what you need to know