Parenting Plans, Parenting Orders and Family Dispute Resolution

Home | Family Law | Parenting Plans, Parenting Orders and Family Dispute Resolution

Only experienced and dedicated family law lawyers in Perth will have conduct of your matter!

Upon separation, parents need to try to be able to work together to reach agreement as to, amongst other things, where and with whom the children will live and what amount of time they will spend with the other parent.

In considering what amount of time a child is to live with either parent the Family Court is required to consider whether an “equal time” arrangement is in the best interests of the child, whether that arrangement is reasonably practicable and, if it is not, the Court must consider whether the child spending significant and substantial time with one parent is in the child’s best interests and whether that arrangement is reasonably practicable.

Children’s issues will also include making arrangements for the long-term care and welfare of the child and in such considerations there is a rebuttable presumption that it is in the best interests of the child for parents to have equal shared parental responsibility.

Parenting Plans and Parenting Orders

Separating couples may consider making a parenting plan when making arrangements for the day-to-day and long term needs of the children.

A parenting plan is an informal agreement which is written and dated and voluntarily signed by both parents. The plan can be an exhaustive list of agreements including but not limited to:

  1. with whom and where a child will live and what time they will spend with the other parent;
  2. arrangements for days of special significance (Christmas, Easter, Birthdays, etc.);
  3. interstate and overseas travel;
  4. the sharing of costs needed to transport the children between the respective homes; and
  5. whether a parent can relocate with the children, etc.

Parenting plans are not enforceable in the Family Court but they will be taken into consideration by the Family Court in matters subsequently brought before it. It is also open to the Family Court to make Orders in the terms of the parenting plan as already agreed upon voluntarily, if this is in the interests of the children.

Parenting Orders are Orders made by the Family Court and are enforceable in the Family Court. Orders can be obtained by consent or by application to the Family Court.

Family Dispute Resolution in Perth

Before a party can proceed to the Family Court to seek Parenting Orders, excluding Consent Orders, they are required to undergo Family Dispute Resolution (FDR).

FDR requires parents to attempt to reach agreement out of Court and where necessary to seek the services of a FDR service provider to achieve this.

The FDR service requires parties to attend mediation and to make a genuine attempt to reach agreement. If agreement cannot be reached at this stage the parties will be given a FDR certificate which they require prior to being able to proceed to the Family Court to seek Orders.

There are limited exemptions to undergoing FDR and these include abuse or risk of abuse of a child and cases of urgency or where geographic isolation may make FDR unsuitable.

If you need any further advice or assistance please do not hesitate to contact us.

Why you should Contact Us

Jindalee: 08 9509 7700
Joondalup: 08 9301 4999
South Lake: 08 9417 7969
Rockingham: 08 9520 2729



We have 5 conveniently located offices in Perth, Jindalee, Joondalup, South Lake and Rockingham to deal with your case. You do not need to come into town to see us! We are in your local area for your convenience!

We have a dedicated team of family lawyer in Perth, who love their involvement in law and providing good quality legal services at a competitive price to members of the public of Western Australia, which we have been doing since 1989.

FREE E-book: 5 Things You Must Know Before Choosing Your Family Lawyer

 

  • - OUR LAWYERS -

    • Barrister & Solicitor (Western Australia & High Court of Australia) Neville attained the degree of Baccalaureus Procurationis from the University of Cape Town in December 1975 and was admitted to practise in the Supreme Court of the Republic of...

      Find Out More >
    • Barrister & Solicitor (Western Australia) Jeffrey attained the degree of Baccalaureus Procurationis from the University of Cape Town in December 1975 and was admitted to practise in the Supreme Court of the Republic of South Africa in February 1978....

      Find Out More >
    • Barrister & Solicitor (Western Australia & High Court of Australia) Anna attained the degree of Bachelor of Laws from the University of Western Australia on 1 April 1993 and was admitted to practise as a Barrister and Solicitor of...

      Find Out More >
    • Barrister & Solicitor (Western Australia & High Court of Australia) Kevin was admitted as a barrister and solicitor of the Supreme Court of Western Australia in December 1992 and the High Court of Australia in November 1993. He started...

      Find Out More >
    • Barrister (Lincoln’s Inn, London) Barrister & Solicitor (Western Australia, High Court of Australia & High Court of Borneo) Gerard obtained his bachelor of law degree from the University of Southampton in July 1975. He was called to the bar...

      Find Out More >
    • B.Juris (University of Western Australia) LLB (University of Western Australia) Barrister & Solicitor (Western Australia & High Court of Australia) Jeff is a partner of Friedman Lurie Singh & D’Angelo and has more than 20 years experience working as...

      Find Out More >
    • P.G.C.E (Cambridge University) P.G.D.L (Nottingham Law School) P.G.D.P.L.S (Inns of Court School of Law, London) Barrister (England & Wales, United Kingdom) Barrister & Solicitor (Western Australia & High Court of Australia) Awards include The Prince of Wales Scholarship, The...

      Find Out More >
    • MBA (Curtin University) Advocate & Solicitor (Singapore) Barrister & Solicitor (Western Australia) Legal Practitioner (New South Wales) At Friedman Lurie Singh & D’Angelo, Dara practises in commercial litigation, handling a variety of matters across a broad range of legal...

      Find Out More >
    • Portia Winkler - Senior Associate - Family Law
      BA (University of Notre Dame Australia) Senior Associate (Western Australia) Portia migrated to Australia in February 2002 and attended the University of Notre Dame Australia where she attained the degree of Bachelor of Laws and Bachelor of Arts (majoring...

      Find Out More >
    • Barrister & Solicitor (Western Australia) Angela attained a Bachelor of Law Degree from the University of Notre Dame (Fremantle, Western Australia) in December 2008. Angela graduated with Honours having results within the top twenty-percent of her class. In December...

      Find Out More >
    • Bill Hu - Lawyer - Commercial
      Barrister & Solicitor (Western Australia & High Court of Australia) Bill attained the degree of Bachelor of Laws from Edith Cowan University in December 2009 and was admitted to practise as a solicitor of the Supreme Court of Western...

      Find Out More >
    • BA (Murdoch University) Graduate Diploma of Legal Practice (The College of Law) Lawyer (Western Australia) Bronwyn attended Murdoch University in Western Australia where she attained a double degree of Bachelor of Laws and Bachelor of Arts, majoring in Sociology...

      Find Out More >
  • - NEWS -