No-one has to have Custody Orders if they don’t want them. There are many separated parents out there who simply have an understanding between them and they are capable of working out the arrangements for the children between themselves. There are also those parents who simply write something down between themselves so they can organise themselves but otherwise are happy to follow the agreement. But then you have those parents who cannot come to agreement or are unable to communicate, or possibly one parent keeps changing the arrangements without agreement from the other parent. It is these types of arrangements where we recommend that Custody Orders should be implemented.
Lawyers
There are 2 types of written documents for child custody:
Parenting Plans; and
Court Orders
Parenting Plans are a written documented and signed agreement between both parents which outlines who has custody of the children and who has access. It can be as wide or specific as necessary. This type of document is not binding on either parent but can be used as evidence in Court to reflect what the arrangements concerning the children have been in the past.
Court Orders are written Orders which are sealed by the Court (red round stamp placed on the document). Court Orders can be obtained by Consent between both parents without commencing Court proceeding but is approved by the Court or by commencing proceedings where a Judge determines who should have custody of the children.