“Co-parenting is not asking permission. It’s about discussing your child’s needs and
wants and deciding what’s best” (quote by Anonymous)
1. REGISTRATION OF PARENTING PLAN OR HAVING PARENTING PLANS
MADE AN ORDER OF COURT
1.1. reduced to writing
1.2. be in the prescribed format
1.3. contain the prescribed particulars
1.4. be accompanied by a copy of the plan
1.5. be accompanied by a
- certificate issued by the Family Advocate, social worker,
psychologist or - suitably qualified person
to the effect that the parenting plan was prepared either with such person’s assistance or after mediation by such person.
“Compromise brings harmony to both, happiness to none” (quote by Amit Kalantri)
2. PROCESS
- Approved by the Family Advocate (1-2 days);
- Obtain a court date
- Serve summons and parental plan onto the other party (2 weeks);
- Set matter down (15 days);
- Appear at court and have an order made.
3. APPROVAL OF PARENTING PLANS IN COURT
3.1. The parenting plan becomes a legally binding document once it has been authorised as part of the Divorce Order, Children’s Court Order or Family Advocate register.
3.2. The court make the following orders:
- If the parents do not agree, the court will decide on a parenting plan
after a hearing or trial. - If parents agree, court usually grants parental plan as order of
court. “Where the waters do agree, it is quite wonderful the relief
they give” (quote by Jane Austen Emma)
4. RESOLVING MISUNDERSTANDINGS OR DISAGREEMENTS ABOUT THE
ORDER
“Some misunderstandings are hard to cure” (quote by Barton Gellman).
- Can use a mediator or a parenting coordinator to help.
- If you believe the order no longer fits the circumstances, you can apply to
court to change the existing order. - If it isn’t safe to follow the order, you should try and get the order changed
to avoid any complications.
5. ENFORCEMENT OF THE PARENTING PLAN
- As soon as the court signs a parenting plan, both parents must obey to it.
- If one parent does not permit the other to see the child when he has the right
to do so, he may be found in contempt of court.
6. WHEN NOT ABIDING BY ORDERED PARENTING PLAN?
“It’s not a competition between two homes. It’s a collaboration of parents doing
what is best for the kids” (quote by Heather Hetchler)
6.1. Situations:
- repeatedly fail to follow an order or agreement, or
- failure to follow an order or agreement caused the other parent and
your child extreme inconvenience and cost
6.2. To enforce: Application to court to enforce the order.
6.3. Court findings
- jail time,
- fines or
- another type of punishment.
7. EXAMPLES OF NOT ABIDING BY ORDERED PARENTING PLAN?
“At the end of the day, the most overwhelming key to child’s success is the positive
involvement of the parents” (quote by Jane D. Hull).
7.1. MAINTENANCE:
- If a parent does not satisfy their parental responsibilities they can be taken to the Maintenance Court or Children’s Court.
- Court will determine the consequence to the parent in breach of the parenting plan, namely:
- garnishing orders,
- fines or
- even jail time.
7.2. FAILURE TO EXERCISE PARENTING TIME OR CONTACT
“Kids need parents, not a part-time visitor with a chequebook” (quote by
Anonymous).
7.2.1. Magistrate can order one or more of the following:
- Mediation or another form of family dispute resolution.
- Attend counselling or other programs.
- Supervise the transfer of the child.
- Reimburse the other person if the failure to exercise parenting time or contact cost them money.
- If none of the above orders will be followed, security needs to be provided or report to the court.
- If mediation, counselling, or other services is ordered, the cost money will be determined on who is to pay for it.
7.3. DENIAL OF PARENTING TIME OR CONTACT
7.3.1. If you wrongfully deny parenting time or contact to the other person, the Magistrate can order one or more of the following:
- Mediation or another form of family dispute resolution.
- Attend counselling or other programs.
- Make up for the time denied.
- Supervise the transfer of the child from one person to
the other. - Reimburse the other person for expenses they had as a result of denial of parenting time or contact.
- If none of the above orders will be followed, security needs to be provided or report to the court.
- If mediation, counselling, or other services is ordered, the cost money will be determined on who is to pay for it.
8. WHEN A DENIAL ISN’T CONSIDERED “WRONGFUL”
“Your children need your presence more than your presents” (quote by Jesse
Jackson).
- Child might be at risk of family violence.
- Other person is impaired by drugs or alcohol.
- The child is sick and you have a doctor’s note saying that parenting time or
contact isn’t suitable. - The other person told you they wouldn’t be able to spend the time with the child but then changed their mind without giving you reasonable notice.
9. CONCLUSION
Constructing the ideal parenting plan is both a sculpture and a discipline. The requirements have to be thorough and abundant so that it’s pure-hearted and supple to permit for concessions and develop as your children get older.
“Remember you are not managing an inconvenience. You are raising a human being” (quote by Kittie Frantz)