When there is a family dispute, people meet a family lawyer in Adelaide and discuss the various legal aspects of it. The process of a family is quite complex. There are various detailed aspects that only a seasoned lawyer can understand and explain.
Two terms are quite common when there is a family dispute and kids are involved in it.
These two terms are parenting plans and consent orders.
What are these terms and how are they associated with a family dispute? Let’s understand them in detail.
Parenting plan
A parenting plan is a written agreement between parents who are in a dispute. It covers parenting arrangements for kids. However, this plan is not formally approved by the court. Instead, it is a more informal way of having the arrangement in place. Both parties need not go to court to make a formal application to the court.
This document sets out and defines the right and obligations of each parent for the other person. It is duly signed and dated by each parent, or it could be any other person involved in the case.
As long as the parenting plan defines the obligations and rights of each parent and it is properly signed and dated, it is considered sufficient.
If any of the parties act contrary to the parenting plan, then another party is not entitled to make an application to the court for a breach.
The terms and conditions of a parenting plan are not enforceable.
A divorce attorney or child custody lawyer Adelaide knows about the scope and powers of it. Therefore, it is important to understand the details before engaging in a parenting plan.
Consent order
Sometimes, a divorce lawyer Adelaide suggests an order. It is a written agreement approved by the Family Court through an application made to the court. It covers parenting arrangements for kids and property settlement and spousal maintenance.
When a consent order is obtained by lodging an application for a consent order, then it has the same legal effect as if it has been made by a magistrate or judge after a court hearing. While approving the consent order, the court has to be satisfied that the orders are in the best interests of the kids.
If any of the parents or other people included as a party don’t comply with the terms of the consent order, then the other party is entitled to make a Contravention Application with respect to the breach. The defaulting party may be sanctioned by the court.
