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How can the agreements be enforced?

Emma Mead

Managing Director, Burke Mead

Emma is an Accredited Specialist in Personal Injury Law, accredited by the Law Society of NSW. She is also a National Accreditor Mediator, and specialises in all personal injury disputes, locally and across the state. Emma brings legal excellence, a compassionate approach and common sense to the management of her clients and the Burke Mead firm.

Emma Mead of Burke and Mead Layers advises that when an order is made by the courts, each person bound by the order must follow it.

This can also apply to agreements made in mediation and Guided Separation.

If a person has refused to obey an order about property or financial support made under the Family Law Act 1975, your options include:

  • attending dispute resolution
  • getting legal advice
  • apply to the court for an enforcement order.

Where a financial order has been granted by the courts, a court can order a person to:

  • pay money to another person by a certain time
  • transfer or sell property and/or
  • sign documents.

When a parenting order is made, each person affected by the order must comply with the order.

If you allege another person has not complied with an order, you can:

  • seek legal advice
  • attend family dispute resolution, and/or
  • apply to the courts to have the order enforced.
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What is a parenting plan?

Separations are already one of life’s most stressful events, but the stakes are even higher when children are involved.

There are three main types of agreements when it comes to the care of children after separation, explains Emma Mead of Burke and Mead Lawyers:

  1. A Parenting Plan
  2. A Consent Order
  3. A Parenting Order

People will often refer to these various documents as a Custody Plan, but they are used in different circumstances and have different legal effects.

A Parenting Plan is a written agreement setting out parenting arrangements for the children.

It is like a diary, setting out who will see the children on each day. This is often done at the point of separation.

The plan is developed and agreed jointly. That means if an agreement is reached, you and your partner do not need to go to Court.

Note: A Parenting Plan is not a legally enforceable agreement. It is different from a Parenting Order, which is made by a Court.

A Consent Order is a written agreement that is approved by a Court, based on an agreement that you have made together.

It can cover parenting arrangements for children, as well as financial arrangements such as property and maintenance.

It has the same legal effect as if it had been made by a judicial officer after a Court hearing.

A Parenting Order is a Court-authorised document. That means it is legally binding.

It is usually a decision made by the Court when parents can’t decide. Courts impose this order on each party. This document is usually issued at the settlement stage.

In all circumstances, the Court must be satisfied that any orders you ask for are in the best interest of the children.

Note: any person concerned with the care, welfare and development of a child can apply for Parenting Orders.

Emma Mead

Managing Director, Burke Mead

Emma is an Accredited Specialist in Personal Injury Law, accredited by the Law Society of NSW. She is also a National Accreditor Mediator, and specialises in all personal injury disputes, locally and across the state. Emma brings legal excellence, a compassionate approach and common sense to the management of her clients and the Burke Mead firm.