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Help Wording what we want in Consent/Contact Orders
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Wulf



Joined: 19 Dec 2006
Posts: 21
Location: Woodridge Qld

PostPosted: Wed Jan 24, 2007 12:33 am    Post subject: parenting Plans Reply with quote

dadycool.

A parenting Plan per se' is basicaly an informal agreement between both parents of the child. Nothing contained within the plan is binding on either Parent. The very essence being that the Act is relying on the parents to negotiate a mutualy acceptable agreement.

For a Parenting Plan to become binding it must be formalised by the Family law court. There are only two ways to do this.

1) By attaching the Plan to an application for a Decree Nisi. The Judge will read it, if he finds it acceptable, ask both parents if they agree and so order that it be so. If one parent does not turn up? That parent loses by default.

2) Type up the Plan on an application for a "Consent Order". This application must be signed by both parents as being in agreement. From what I understand this does not require a court hearing. The application must be lodged with the Family Court or, if you are non metropolitan, your local court house.
If the proposals are acceptable by the court, an order will be issued. If found to be unacceptable, it is returned, with reasons attached, and from what I have been told, you will be asked to try again.

The point being, without a rubber stamp from the court, the document is just an agreement.
It could be argued that it forms a binding contract under law, but I don't know if anyone has followed that path as yet.

It should be noted that the ammendments to the Act have been made for the benefit of the children. If, after mediation etc, the court feels that one parent is still being unreasonable, while the other is doing whatever it takes for the childs's benefit, it is a very real risk that the non-consenting parent could end up the loser. This has had the effect of freeing up the system a little, by reducing the ammount of time it takes to hear a contested case.

The ammendments have turned the process into a minefield where the concerns and wants of the parents are secondary in considering the disposition of the children.

I have heard of a case where a child was interviewed seperate and apart from the parents by a court apointed Social Worker, and then represented by "A Friend of the Court' in having the child's concerns heard.
In that particular case, it was found that one parent had manipulated the child and presented false statements to the court. That parent lost all credibility, was charged with perjury and ordered to repay all court costs, and legal fees, for both parties in the matter. The other parent was awarded sole parenthood, with visitation set by the court.

All Documentation for Consent Orders can be found on the net, and can cover everything from parenting, the disposition of assets, maintenance for the former spouse and etc.
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Colin Spratt
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Joined: 21 May 2006
Posts: 842
Location: coffs harbour

PostPosted: Thu Jan 25, 2007 1:59 pm    Post subject: Dads in Distress - Help After Divorce / Separation Forum Ind Reply with quote


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was helpful to a friend, not used it myself.
Though you have some great advise and encouragement Mate. Half the battle is doing your homework as you are, and the other half is revising as you are.
Good stuff

My encouragement is added, Col

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