Co-parenting when you have separated from your partner, and reaching a parenting agreement with them that works for both of you can be quite challenging and frustrating.
Many parents opt to enter into an informal, non-binding arrangement, believing that a mutual understanding and hand shake promise between them is sufficient. However, it is important to understand that these informal agreements, most commonly known as Parenting Plans, lack legal enforceability and, as such, there are no legal consequences if one parent chooses to breach a term of the agreement or no longer wishes to comply and co-operate.
The reality is that without the backing of the legal system, there is little recourse if one parent deviates from the agreed terms, such as a parent refusing to return the children to the other parent at the negotiated time, or choosing to extending a long weekend without notice.
It's a common misconception that an informal agreement holds the same weight as a legally binding agreement in the eyes of the Federal Circuit & Family Court. Unfortunately, this is not the case.
Londi Gramelis, and her team of experienced family lawyers at First Choice Family Lawyers, emphasise the importance of converting your Parenting Plan into a legally enforceable document.
In NSW, the most effective way to achieve this is through an Application for Consent Orders. These orders, once approved by the Court, provide security and protection. They are legally enforceable, meaning that there are consequences if one parent contravenes them and there are also remedies such as “make up time” etc.
By taking the extra step to make your agreement legally binding, you not only safeguard your rights but also ensure a more stable and secure future for your children.
Londi Gramelis and her team highlight to separated parents the importance of investing in legal formalities to protects you and your children.
Located in Beverly Hills, award-winning and known as one of the best in family law, Londi has spent close to two decades protecting and supporting families.
We offer a FREE 15 min consultation to understand your needs and take the next steps to help with your legal matters.
Call us on (02) 9579 5555 or book your consultation via https://www.firstchoicelaw.com.au/booknow today.
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