Creating effective parenting plans

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

A written agreement about parenting arrangements is recognised under the Family Law Act as a Parenting Plan if it is:

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

“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 not enforceable like court orders, a Parenting Plan can have significant legal and practical consequences. These include:

• 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.

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