An informal parenting arrangement may work well until circumstances change.
A new school routine, changing work commitments, difficult changeovers or repeated disagreements can expose issues that weren’t there when the arrangement was first made.
If your parenting arrangements were agreed informally, these changes can raise a bigger question: does the arrangement still work for your family, or is it time to consider something more formal?
Before changing what’s in place, it helps to understand where the difficulties are arising and what options are available. The issue may sit with the arrangement itself, how it operates in practice or a change in your family’s circumstances.
Are informal parenting arrangements legally binding?
An informal parenting arrangement might be an agreement between parents about where their children will live, how they will divide their time or how day to day arrangements will work. It may have been agreed verbally or simply developed over time.
These arrangements are different from a parenting plan or parenting orders made by the Court.
If parents want to record what they have agreed in writing, they can enter into a parenting plan. A parenting plan is signed and dated by both parents and can cover where children live, the time they spend with each parent and how decisions about their care will be made. While it provides a written record of the agreement, a parenting plan is not legally enforceable.
For parents who want their agreement to be legally binding, they can apply to the Court for consent orders. If approved and made by the Court, consent orders are legally enforceable.
The level of formality that is appropriate will depend on your family and what the arrangement needs to achieve.
When should you consider formalising parenting arrangements?
The existence of an informal arrangement doesn’t necessarily mean it needs to be formalised. For many families, arrangements agreed between parents continue to work as circumstances change.
Greater certainty may become valuable when the same issues keep arising, expectations between parents become unclear or changes in your family make the existing arrangement harder to manage.
You may also find that the arrangement needs to account for more than it did when it was first made. School holidays, special occasions, travel, changeovers and important decisions about your children can all become more significant over time.
The question is less about how long an informal arrangement has been in place and more about whether it continues to work in practice.
If you’re considering a parenting plan or consent orders, getting advice can help you understand what each option would mean before deciding how to proceed.
What happens if parents can no longer agree?
The issue can go beyond adjusting an existing arrangement. You may have different views about what should change, or attempts to reach a new agreement may have reached an impasse.
Family Dispute Resolution can provide a structured way to work through parenting issues with the assistance of an independent practitioner. In most cases, parents are required to attempt Family Dispute Resolution before applying to the Court for parenting orders, although exceptions apply.
Legal advice can also be valuable before or during this process. It can help you understand your position and the practical implications of a proposed arrangement before entering discussions.
Where an agreement can be reached, it may then be recorded in a parenting plan or formalised through consent orders. Where agreement remains out of reach, legal advice can help determine what further steps may be appropriate.
Finding the right level of certainty.
Parenting arrangements often need to evolve as children grow and family circumstances change.
Sometimes an informal approach may continue to work with a few practical changes. In other circumstances, a parenting plan, consent orders or further legal advice may provide greater certainty.
At Patterson & Co, we look at the circumstances behind the arrangement before advising on the appropriate way forward.
If your current parenting arrangements are becoming difficult to navigate, we can help you understand the options available and determine what comes next.
Understand your parenting options. Contact our team.
