Separation Agreement for parenting and child custody
There are two (2) types of agreements that parties can use to make these type of parenting arrangements for children: Consent Orders or a ‘goodwill’ agreement (including Parenting Plans).
Consent Orders are essentially a written agreement which is signed by both parties. The signed agreement is filed in the Family Court and, once it receives the Family Court’s approval, becomes binding Consent Orders. The parties can agree to make arrangements otherwise in accordance with the Consent Orders (it is best if this is in writing). However, if one party does not comply with the terms of the Consent Orders (eg. they do not return the child on time), the other party can make an application to the Family Court for contravention of the Orders. The Family Court may deal with the contravention application by ordering that the wronged party gets ‘make up’ time with the child or that the orders are varied to account for the breach.
A ‘goodwill’ agreement is an agreement in writing (a Parenting Plan or Parenting Agreement) or a verbal agreement between parties. If one party does not comply with the terms of the goodwill agreement, the other party cannot enforce it through the Family Court.
At Blue Sky Mediation, our expert Family Dispute Resolution Practitioners are also qualified Family Lawyers with years of experience in drafting Court Orders and Parenting Agreements. We can help you to secure a quick and cost-effective separation agreement to finalise your property division.