are parenting plans legally binding

Best answer

Not legally binding

People also ask

  • Are parties to a parenting plan bound by law?

  • The reality is parties of parenting plans are not bound by law to follow them in the same way that they are obligated to comply with Court Orders. If a party contravenes a parenting plan, you cannot enforce it in the same way that you could if you had a legally binding arrangement.

  • Can a parenting plan be used in court?

  • Parenting plans are recognised under the Family Law Act however, and may be used as evidence in court of the agreement between the parties at a particular point in time. In many cases parenting plans are not recommended because they are not legally enforceable. How can I make parenting arrangements that are legally binding?

  • Are parenting orders legally binding?

  • Like other court orders, parenting orders are legally binding and enforceable on the parties involved. If both parents agree to parenting orders being made, an application can be made to the court for parenting orders to be made by agreement.

  • Can a parenting plan be arbitrated?

  • Parents may choose to use the arbitrator as a form of mediation in assisting the parents to come to an agreement over issues and stipulations on the parenting plan. However, the option to make the parenting plan legally recognized is also an option. This type of arbitration is called binding arbitration.

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