Parenting Plans

Separation can be a painful process for everyone involved, especially for any children. During this challenging time, it is usually best for children to maintain regular contact with both their parents and other significant people in their life such as grandparents. Newly separated parents can record their agreed parenting arrangements in an informal written agreement called a Parenting Plan. Unlike a Parenting Order, these documents are not legally binding. Instead, they serve as a record of the parent’s agreement, and provide clarity on agreed obligations and parental rights going forward. This article looks at the purpose and significance of Parenting Plans.

What is a Parenting Plan?

The family law system encourages parents to try and make a private agreement on parenting matters before resorting to an application to the Federal Circuit and Family Court of Australia (the court). After all, parents are best placed to know their own children and understand the challenges of their family situation. To keep families running as smoothly as possible, separating parents should have a written childcare arrangement that provide certainty for everyone. One way to approach this is through a Parenting Plan that centres the best interests of the child as the most important consideration.

A Parenting Plan typically covers both generally important parenting issues and matters that are important to the specific family such as:

• living arrangements for the child, including the time they spend with each parent and others such as grandparents, as well as handover arrangements
• financial support of the child (although there are special rules about including provision for child support in a Parenting Plan)
• the sharing of “parental responsibility” for the child, which involves the making of important decisions, and any consultation requirements
• how parents will communicate with each other and with other significant individuals and organisations, such as schools and grandparents
• arrangements for special occasions such as birthdays and holidays
• agreed restrictions such as limits on how far the child can travel without consultation with the other parent and
• the process to change the Parenting Plan or resolve issues with the Plan.

There will undoubtedly be other issues for inclusion that are specific to each family, depending on their circumstances (such as agreements on religious observance and specific family celebrations). Open communication is the key to ensuring that a parenting plan is a workable road map for a separating family.

Drafting a Parenting Plan

Parenting arrangements can take any form, but to be a Parenting Plan as imagined in the Family Law Act 1975, it must be in writing, dated and signed by both parties. However, Parenting Plans do not have to be drafted by a lawyer, witnessed by a Justice of the Peace or lodged with the courts. Parents often develop a Parenting Plan after successfully completing Family Dispute Resolution.

A Parenting Plan must not be the result of coercion, threat or duress. The agreement must be between the child’s parents (or the people with parental responsibility for the child). However, other individuals, such as grandparents and stepparents, can be mentioned as significant participants in the Parenting Plan. Because of the nature of the document, it should also be in plain English and easy to read. The intent is that any person who reads it can understand the agreement between the parents. For instance, it is usually preferable for the plan to be written in short paragraphs where each paragraph deals with a separate point of agreement. These documents can be amended at any time with the agreement of both parents.

The main benefits of a Parenting Plan are that all the arrangements are clearly set out, with clear intent so as to reduce the potential for misunderstandings and disputes. Generally, a Parenting Plan is the faster, cheaper option that is most appropriate for parents who maintain an amicable relationship after separation, and who are willing to negotiate the best arrangement for their child. However, as the Plan is not legally binding, it is not the best option if either parent is unlikely to respect the terms of the written agreement.

Parenting and Consent Orders

When parents are not able to communicate well and work together, it may be necessary to apply to the court for Parenting or Consent Orders, rather than draw up a Parenting Plan. The court can make orders as:

• Consent Orders: terms agreed between the parents and filed with the court for approval. Once approved, they are as binding as any other Court order and remain in place until it is revoked or replaced by another order.
• Parenting Orders: when the parents do not have a cooperative post-separation parenting arrangement, they can apply to the court for a hearing and the court will make an order in the best interests of the children. The court can make this type of order regardless of the care arrangements already in place or agreed between the parties.

The main advantage of orders is enforceability. Because Parenting and Consent Orders are made by the court, a party can apply to the court to enforce the order if either party does not abide by the terms. However, there are some disadvantages to choosing the path to the more formal Parenting and Consent Orders. Orders can only be altered in limited circumstances, and their inflexibility does not reflect the changeable nature of children’s needs. Additionally, there is likely to be significant costs and delays before the court makes final orders.

Go To Court Lawyers can help determine the parenting agreement that is most appropriate for your circumstances. For any legal advice on parenting plans, applying for parenting orders or any other family law matter, please contact Go To Court Lawyers on 1300 636 846.