Paula Phelan is a Family Lawyer with Specialist Accreditation in this area from the Queensland Law
Society. She has been a lawyer for 26 years and is the director of Phelan Family Law, a Rockhampton
legal firm specialising in Family Law only.
Living arrangements for children
The Family Law Act encourages parents to resolve their parenting arrangements without
Court proceedings and many parties opt to do this by entering into a parenting plan.
If the matter goes to Court, then the Court will make decisions based on what’s best for the
child, favouring both parents to be involved unless there is evidence that this is not in the
best interest of the children.
Parenting Plan
A parenting plan is a written agreement that sets out the parenting arrangements for
children. It can include:
Arrangements for who the child is to live with, spend time with and communicate
with;
Who has parental responsibility for the child;
Maintenance of a child;
Dispute resolution in the event disputes arise;
Any other aspect of care, welfare or development of the child.
This only needs to be written and signed freely (without threat, duress or coercion) between
the parties to come into effect. An advantage of parenting plans is that they provide parents
with more flexibility and the ability to easily change arrangements with minimal expense.
This can be particularly useful when the children are young, and the needs of the children
will change over a short period of time.
Parenting plans are not enforceable by the court if they are breached, but the Court will
take into consideration the terms of a parenting plan if court proceedings are commenced
after the parties have entered into the plan.
There is also the option for the parties to formalise their agreement by making an
Application for Consent Orders. Subject to approval by the Court, the agreement made
between the parties will then be made an Order, with either party able to utilise the Court
for enforcement if needed.
Consent Orders
Consent Orders are legally enforceable Court Orders that are made with the best
interests of the child in mind.
In some cases, Consent Orders are necessary as they provide structure and certainty for
parents and children.
This area of family law can be a complex matter, and the Court also considers the rights of
others (apart from parents) to be involved in the child’s life, which includes grandparents,
other relatives and foster parents.
If parents cannot reach agreement on parenting arrangements between themselves, the
next step is Family Dispute Resolution, which is mediation to try and assist the parents reach
agreement.
Website: phelanfamilylaw.com.au
