The family law system is changing the way family separations are managed, with the aim that parents will be able to avoid the family court as a way of dealing with their conflicts. A parenting plan is an agreement that sets out parenting arrangements for children and can take any form but to be recognized by a court it must be in writing, dated and signed by both parents. It must be made free from any threat, duress or coercion.
A parenting plan covers the day to day responsibilities of each parent, the practical considerations of a child’s daily life, as well as how parents will agree and consult on important, long-term issues, such as which schools children will attend.
Because it is worked out and agreed jointly, it means separating parents do not need to fight things out in court. How does a parenting plan work?- A parenting plan is an important mechanism that empowers parents to arrive at their own decisions about suitable parenting arrangements.
- A parenting plan is voluntary, and can be changed at any time as long as it has the agreement of both parents.
- A parenting plan is not a legally enforceable agreement and is different from a parenting order, which is made by a court of law.
- However, if parents proceed to court at any time, the court will be required to consider the terms of the most recent parenting plan when making a parenting order in relation to the child.
- The court will also consider the extent to which both parents have complied with their obligations in relation to the child, which may include the terms of a parenting plan.
- If there is a court order made after 1 July 2006 setting out parenting arrangements, the parents can agree to change those arrangements by a parenting plan (unless the court order says otherwise). This makes it easier for parents to agree on parenting changes, knowing they will not be required to go back to court to change the parenting order each time.
What is included in a parenting plan?Your parenting plan will be unique to your own situation and should be easy to understand and follow. It can deal with any aspect of caring for your children and can include the following: - Who the child will live with
- What parenting time the child will spend with each parent
- what time the child will spend with other people, such as grandparents
- How the parents will share parental responsibility, such as deciding on schools
- How the child will communicate with the other parent or other people
- What arrangements need to be made for special days such as birthdays and holidays
- What process can be used to change the plan or resolve any disagreements about the plan
- Any other issues the parents want to include.
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