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It is a good idea if you are separated, for you and the other parent to make an arrangement for the care of your children. One way to do this is to prepare a parenting plan.
A parenting plan is a written, signed and dated agreement between parents (and others if needed) that sets out arrangements for the care of children. It will not be recognised unless it is made without threats or intimidation from the other parent or people involved. It is not legally enforceable unless it was registered with the Family Court of Australia before 14 January 2004, in which case it will have the same legal effect as a court order.
If a plan was made after that time it will have no legal force (but a court will look at your most recent parenting plan if you make an application to the court at a later date for orders).
Parents can also have their parenting plans made into 'consent orders'. Consent orders are orders made by the court, with the agreement of both parents (and other people involved). They have the same legal force as other court orders.
If you already have parenting court orders in place and you later decide to make a parenting plan, the plan is followed where the parts are different from the orders, unless the court or the orders themselves say it cannot be changed this way. You can change your plan at any time but it must be signed and dated by both parents (and others if included).
Read more...Parenting plans
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