Parenting plans are a valuable tool for separated or divorced parents to outline the care and welfare arrangements for their children. However, it is important to understand the limitations and legal standing of these plans.
Are Parenting Plans Enforceable?
Under the Family Law Act 1975 (Cth), specifically section 70NAC, the court must consider the existence of parenting plans in contravention proceedings. However, parenting plans themselves are not enforceable. This means that if one parent does not follow the plan, the other parent cannot apply to the court for enforcement based on the plan alone. The law focuses on contraventions of court orders, not plans.
Changes Under the Family Law Amendment Act 2023
The Family Law Amendment Act 2023 brought significant changes to Division 13A, which deals with contraventions. These amendments emphasize that only court orders, not parenting plans, can be the subject of contravention applications.
What About Existing Parenting Plans?
Parenting plans registered before the 2003 legislative changes remain in force until they are revoked by a written agreement between the parties. To formally revoke a registered parenting plan, specific procedures outlined in the Family Law Act must be followed.
Circumstances for Court Intervention
The court can set aside, discharge, vary, suspend, or revive a registered parenting plan under certain conditions, such as:
- Fraud, Duress, or Undue Influence: If a party’s consent to the plan was obtained through these means.
- Mutual Agreement: If both parties agree to set aside the plan.
- Best Interests of the Child: If it is in the best interests of the child to set aside the plan.
In all proceedings, the child’s best interests are the paramount consideration.
Registered Parenting Plans and Court Orders
Registered parenting plans that include provisions for child welfare have the same effect as court orders, unless the plan specifies that the child is to live with someone other than a parent. The court can vary or refuse to enforce these provisions if the child’s best interests require it.
For child maintenance, registered parenting plans also have the same effect as court orders but do not apply if there is an administrative assessment by the Child Support Agency. These plans continue to operate after the death of either party unless stated otherwise.
Conclusion
While parenting plans are useful for outlining childcare arrangements, they are not enforceable by themselves. Understanding the legal framework and the limitations of parenting plans can help parents navigate their responsibilities and seek appropriate legal advice when necessary. Always prioritise the best interests of the child and consider formalising agreements through court orders to ensure enforceability. To learn more about parenting matters, you should consider consulting with one of our Lawyers at My Legal Crunch, for professional guidance tailored to your specific situation.
