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In the simplest terms, a parenting plan is an informal written agreement that is dated and signed by both parents. The parenting plan generally outlines parenting arrangements for the child(ren) such as;
• Who the child lives with;
• Who the child spends time with;
• Arrangements for special occasions and holidays; and
• Procedures for long-term decision making for the child such as health and education.
It's essential to note that a parenting plan is not a legally enforceable agreement.
Understanding A Parenting Plan In Australia
In Australia, when parents divorce or separate they need to make parenting arrangements for their children. Parents are encouraged to meet together and write their agreement down in a plan instead of relying on verbal agreements.
You are encouraged by the Family Law Act to cooperate and work together to come up with a parenting plan for your children.
This benefits you and your child because making a good parenting plan can help your child adjust better to the new family circumstances.
Cooperating with the other parents can also help you avoid disagreements in the future as well as lengthy and costly court battles.
How Do I Make A Parenting Plan?
Parenting plans are designed to be simple to make and change. Each parent must freely agree to make a parenting plan (without being threatened, pressured or forced). You don't need to use special words or forms to create a parenting plan: it must be in writing and be signed and dated by each parent.
If your parenting plan includes arrangements relating to other people who are important in the children's lives (such as grandparents or step-parents), they can also be asked to agree to and sign the parenting plan if you want.
You can agree to change an existing parenting plan by simply making a new plan.
What Should Be Included In A Parenting Plan?
You can include any information you want in your parenting plan. Because you and the other parent create a plan together, you can make decisions about how to best care for your child according to what is best for your situation.
Usually, parenting plans include at least some of the following information:
• Who the child will live with.
• A parenting time schedule that shows when each parent has the child.
• How the parents will share parental responsibility and make decisions for and about the child.
• What activities each parent will do with the child and who will attend the child's important events.
• A process for making changes to the plan as the child's needs change.
• A method for resolving disputes or a way to solve problems that arise.
• Arrangements for holidays, birthdays, school breaks, and other special occasions.
• Financial arrangements for the child.
• What time the child will spend with other people (grandparents, siblings, other relatives).
• Special provisions and stipulations about how the parents will provide and care for the child.
• How the parents will communicate about the child.
• How the child will keep in touch with other people when the child is with each parent.
Remember to keep your plan practical, simple, and as concrete as possible so that both parents fully understand and can follow it.
What Is Not Covered In A Parenting Plan?
• A parenting plan does not have information about how you and the other parent will divide up your cash, home, and assets (this is called a Property Settlement).
• As circumstances change, you may need to revise your plan to meet the needs of your child.
• Your parenting plan should be in writing and signed and dated by both parents. It should also be made free from any threat, pressure, or coercion.
• A parenting plan is not legally enforceable, but if both parents agree on the arrangements you can submit your plan to the Family Court and the details of your plan will then be put into a parenting order (which is legally enforceable).
• You can change your plan at any time by writing out a new plan with the other parent and having both parents sign it.
• You can change your parenting order by writing out a new parenting plan.
• The law presumes that it is in the best interest of the child for both parents to have equal shared parental responsibility (this does not mean that the child spends equal time with both parents).
Are Parenting Plans Legally Binding?
Parenting plans are not legally binding. However, if there is a court dispute after one has been made, the signed plan can be used as evidence of the previous agreement of the parents.
Many separated parents find that parenting plans assist them by setting out in writing all of the parenting arrangements, so the intention is clear and the likelihood of misunderstandings and disputes is reduced.
Hire The Best Family Lawyer in Sydney Who Cares About Your Needs
It's a good idea to check with your local family law office if you have questions or concerns regarding this matter. Different states and territories in Australia have different rules, regulations and laws regarding parenting plans and consent orders.
Our family lawyers are amongst some of the best in Sydney, who will take the time to listen to your concerns and work with you to determine the best way forward.
At JCL Legal, we consider your whole situation and take the time to understand your feelings and your needs. Contact us now and talk to one of the best Sydney lawyer!
sources: legalaid.wa.gov.au, armstronglegal.com.au, eastcoastlaw.com.au, custodyxchange.com, relationships.org.au
