Parenting Plan.. how does it all work?

[murrythecat]

my ex just rocked up pleased as you like.. so annoyed! yesterday was his day and he didn't want to come and see the kids! sick of him ruining my weekend and weekdays he likes to pop in when it suits him.. he's kinda nasty too so I'm a little bit worried what he'll do if I tell him he can't come over sometimes so always let him.. but I want to go to mediation to work out a parenting plan.. how do I go about it?

he says he won't go.. he wants to keep dropping by and doesn't like set days for seeing the kids.. if I organise it and he doesn't go.. will that hold up in court if he ever tries for custody?

[Maia]

You can do mediation either via legal aid or an independant meditor such as Relationships Australia. Confirm with who ever you go through that they can give you the certificate of participation for the courts. (learnt that the hard way :rolleyes:) Then if he doesnt turn up to the mediation you can take things further through the court system should you wish, in order to put something in place. You cant just go to court without mediation (except in certain circumstances of Domestic Violence etc).

A parenting plan is basically an agreement that is drawn up by both parties and agreed upon. It sets out living arrangements and contact, what you need to tell one another about the children etc. It is not a court order. Therefore it is not legally enforcable. It is simply a written agreement between both parties. It allows for more flexibility than a consent order.

You can find information about parenting plans from both the Family Law Court (http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Children%27s+Matters/If+you+agree+on+arrangements/) and Relationships Australia (http://www.familyrelationships.gov.au).

A parenting plan does not go through the court system as it is not a court document so you do not have to have a lawyer present however you may find it beneficial to seek legal advice/representation.