Parenting agreements are essential legal documents that parents must have to ensure the well-being of their children. In New South Wales (NSW), Australia, parenting agreements are governed by the Family Law Act 1975, which aims to promote the best interests of children.
A parenting agreement is a written document that sets out the terms and conditions of how parents will share the responsibilities of raising their children after separation. It covers several aspects of parenting, including but not limited to child custody, visitation, child support, and decision-making concerning the child`s well-being.
In NSW, parenting agreements can be made either by consent or by order of the court. When made by consent, parents must sign a Parenting Plan that outlines the agreed-upon arrangements. This plan must then be dated and signed by both parents, making it a legally binding document.
On the other hand, if an agreement cannot be reached between parents, they can apply to the Family Court of Australia for a Parenting Order. The court will make the order based on the child`s best interests and any other relevant factors, such as the child`s relationship with each parent and their ability to provide for the child`s needs.
It`s worth noting that parenting agreements can be altered if the circumstances change. For instance, if one parent needs to relocate, the parenting agreement may need to be revised to accommodate the new arrangement. In such cases, parents can either make a new agreement by consent or seek a Parenting Order from the court.
In conclusion, parenting agreements are critical documents that help separated parents provide for their children`s well-being. Whether it`s agreed upon by consent or ordered by the court, a parenting agreement in NSW must be legally binding and in the best interest of the child. If you need assistance with making or revising a parenting agreement, consider seeking legal advice from a family lawyer.