Why Do I Need a Parenting Plan?

A parenting plan is a valuable tool for separated or divorced parents in Australia, offering a structured approach to managing parenting responsibilities. Compared to court-ordered parenting orders, parenting plans can be flexible and cost-effective, while still being focused on the best interests of the child. Governed by the Family Law Act 1975, they provide clarity, reduce conflict, and promote stability for children during and after parental separation. This article explains the role of parenting plans, their benefits, legal implications, and practical considerations for creating one.

What is a parenting plan?

A parenting plan is a written agreement that outlines the arrangements for the care of minor children. As the name suggests, it is usually an agreement made between the child’s parents. However, such a plan might be made between anyone with a significant interest in the child’s development and welfare, such as grandparents.

Parenting plans can be agreed between the parties by themselves, through mediation, or with the assistance of lawyers to negotiate an agreement. If the parties have a valid one, their compliance with the plan can be a significant factor in later family law actions. However, to be considered a valid parenting plan under the family law, the plan must be:

1. in writing
2. signed and dated by both parents
3. agreed voluntarily without coercion or duress
4. focused on the best interests of the child, prioritising the child’s welfare, safety and developmental needs.

In addition, and unlike court orders, even valid and recognised parenting plans are not legally enforceable.

Key components of a parenting plan

The main focus of a parenting plan is usually the child’s living arrangements, specifically how much time the child will spend in the home of each parent. Common arrangements include week about (where the child moves from one home to the other on a weekly basis) and arrangements that are based around the school year (where the child lives with one parent during the school week and spend time with the other parent at weekends and school holidays). The parenting plan will usually also contain reference to how the child will spend special occasions, such as birthdays and significant cultural and religious events.

Separate to the issue of living arrangements is the allocation of decision-making responsibilities. Many parenting plans allocate responsibility to both parents to jointly make major decisions for their child on matters related to education, religion and health care. Other parents agree that one parent will take sole responsibility for these aspects of the child’s upbringing. It can be convenient for the parent providing care for the child to have sole responsibility for making health care decisions while the child is with them, especially if the other parent is likely to be difficult to contact. Agreeing on these matters provides clarity in the future, especially in emergencies.

Parenting plans also usually detail how parents will share expenses related to the child’s education, extracurricular activities, and medical needs. The plan can also include additional information that is more specific to the parents, such as the procedure for introducing new partners to children, and what types of updates should be shared between the pair.

Why do I need a parenting plan?

Separation or divorce often leads to disagreements about parenting arrangements. A parenting plan can mitigate such conflict by providing clear expectations for both parents. It also offers a structured approach to resolving disputes when they do arise. By fostering cooperation, a well-executed parenting plan minimises the emotional toll on children and parents alike.

The primary consideration in family law is the best interests of the child. As such, a parenting plan should provide a child-centred framework that promotes their stability, emotional well-being, and development. In practice, this means that parents drafting a parenting plan should not focus on what is most convenient or desirable for themselves, but instead consider what arrangement will help the child to maintain meaningful relationships with both parents and protect the child from exposure to conflict.

Is it better than a court order?

Parenting plans are a cost-effective alternative to court proceedings. Drawing one up can be entirely free, or lower cost with the services of assistance of a mediator. By contrast, court actions to obtain parenting orders are time-consuming, can be expensive, and are almost always emotionally draining for all parties involved. By agreeing on a parenting plan, co-parents can resolve disputes amicably without the need for court intervention. Also, unlike court orders, which can be rigid and difficult to modify, parenting plans allow co-parents to adjust arrangements as circumstances change. This flexibility encourages collaboration and enables parents to respond to their child’s evolving needs, such as changes in schooling, extracurricular activities, or health conditions.

However, it is important to acknowledge that because parenting plans are not legally enforceable, co-parents who initially try this approach still sometimes end up in court seeking the certainty of formal orders. In those cases, they can serve as a first draft for consent orders, where the co-parents ask the court to endorse and subsequently enforce their parenting agreement.  As such, a parenting plan is rarely a wasted effort.

For legal advice on any matter, please get in touch with Go To Court Lawyers on 1300 636 846.