Parenting Plans

It is common, and in most cases a very good idea, for separated parents to record agreed children’s arrangements in writing.

When a written agreement about parenting arrangements is:

1. made between parents of a child;
2. signed by the parents; and
3. is dated; then —

— it is recognised under the Family Law Act as a Parenting Plan.

“Parenting arrangements” under a Parenting Plan can include:

1. who does the child live with;
2. the time a child is to spend with a parent or other person;
3. the communication a child is to have with a parent or other person;
4. who is responsible for making important parenting decision about a child, the process for making joint decisions and the process to be used if there is a dispute;
5. responsibility for expenses for a child (separate from assessed child support);
6. any other aspect of the care, welfare or development of a child.

Because Parenting Plans are relatively informal and not enforceable like court orders, there is a misconception that they are not worth the paper they are written on. This is not the case, as while note enforceable like court orders a Parenting Plan can have significant legal and practical consequences:

• When making a parenting order, the court is to have regard to the terms of the most recent Parenting Plan if doing so would be in the best interests of the child.
• Save for exceptional circumstances, a Parenting Plan can override arrangements and obligations under previous court orders.
• Conditions of family violence intervention orders frequently include exceptions permitting respondents to do anything permitted under a Parenting Plan (provided they do not commit family violence while doing so.
• Arrangements in a Parenting Plan may be relevant evidence for calculating child support and considering any review of a child support assessment;
• A Parenting Plan can be an effective tool to help schools, kindergartens, childcares, healthcare providers to effectively and appropriately communicate with parents about a child and promote a child’s welfare.

During the current Covid-19 pandemic and related lockdown measures, family law courts rely on parents to come to their own sensible arrangements for children where existing court orders are not practicably able to be followed. Parenting Plans will often be ideal for this purpose.

It is important to note that agreements must be made free from any threat, duress or coercion to be regarded as a Parenting Plan.

For specific advice about what can be included in a Parenting Plan, and whether a Parenting Plan is suitable for your situation speak with one of our family lawyers.