4.1.8 Agreements & orders relating to care

Context

A written agreement is an agreement in writing and signed by both parents (1.1.P.10) or the parent/s and a non-parent carer regarding how a child will be cared for.

A parenting plan is a type of written agreement signed and dated by both parents. It is made under section 63C of the FL Act between separated (1.1.S.30) parents regarding how their child or children will be cared for and supported (which may include the parents agreeing to care (1.1.C.10) being provided by a non-parent carer). An agreement is not a parenting plan for the purposes of the FL Act unless it is made free from any threat, duress or coercion (FL Act section 63C(1A)). If a non-parent carer is a party to a written agreement, it is not a parenting plan for child support (1.1.C.60) purposes.

A court order is an order made by the Federal Circuit and Family Court of Australia, or a court of summary jurisdiction in each state or territory (for example, state magistrates courts and local courts exercising jurisdiction under the FL Act) which makes provision for the care of the children.

Where a non-parent carer has made an application against one parent only (because, for example, the other parent is deceased or is not resident in Australia or a reciprocating jurisdiction) (1.1.R.10), any relevant orders or agreements will be between the assessed parent and the non-parent carer.

Note: Court orders include those made by the formerly separate Family Court of Australia and Federal Circuit Court of Australia, prior to 1 September 2021.