Parenting Plan Enforcement
The client, based in Victoria, is a divorced parent of two children, aged 8 and 3. They have a parenting plan agreed upon through mediation and wish to make it legally binding in court. There is an existing court order related to child custody or parenting, and the client does not anticipate any objections from the other parent. The parenting plan has not been modified before, and the client finds it easy (rating 1) to modify the plan in the future if necessary.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps do I need to take to have our parenting plan registered and made legally binding by the Family Court?
To have your parenting plan registered and made legally binding by the Family Court, you need to file an application for consent orders. This involves completing the Application for Consent Orders form and a proposed consent order document, which outlines the terms of your parenting plan. You'll then submit these documents to the Family Court of Australia. Since there is no anticipated objection from the other parent, this process should be straightforward. Consider consulting a family lawyer for assistance in drafting the consent order to ensure it meets all legal requirements.
Are there any potential challenges or delays we should anticipate when making our parenting plan legally binding in court?
In making your parenting plan legally binding in the Family Court, potential challenges or delays could arise if the court requires clarification on any terms within the plan. Additionally, while your current plan seems straightforward, any oversight in terms of the children's best interests or if their needs change might require revisiting the plan. Ensure all documentation is complete and aligns with legal standards to avoid administrative delays. Given the children's young ages, regular reviews may be needed as they grow.
How does making our parenting plan legally binding affect our existing rights and responsibilities as parents?
Making your parenting plan legally binding by registering it with the Family Court will transform it into a consent order. This makes it enforceable under family law, providing a clear legal framework for both parents to adhere to. It will formalise your rights and responsibilities, ensuring that each parent has a defined role in the children's upbringing. However, it also means that any breach of the order can result in legal consequences.
What costs are involved in making our parenting plan legally binding in court, and are there any legal aid options available?
The costs involved in making your parenting plan legally binding in the Family Court can vary. These may include court filing fees, which are generally around $180 for a consent order application. Legal representation costs can also vary depending on your solicitor's fees and the complexity of your case. There may be legal aid options available depending on your financial circumstances.
If circumstances change, how difficult is it to modify a legally binding parenting plan, and what is the process involved?
Modifying a legally binding parenting plan generally requires demonstrating a significant change in circumstances since the original order was made. The process involves applying to the Family Court to amend the existing orders. Given the low difficulty rating provided (1), this suggests that modifications might be straightforward if both parties agree. However, if disputes arise, mediation may be recommended before judicial intervention.
