Parenting Plan

What is a Parenting Plan?

A Parenting Plan is a non-binding document used by parents (including adoptive parents) who have separated, to lay out the details of how they will co-parent their child or children together even though they are no longer romantically involved. A Parenting Plan addresses issues such as living arrangements and schedules, education, living expenses, co-curricular activities and general rules or guidelines regarding how the child or children will be raised. It can help ensure that there is some consistency in how the children are raised, even if the parents are living separately.

Parents can use this document to come to a mutually satisfactory plan about how they will raise their children together without needing to give up control of decision making to a judge. If both parents can be civil and work in the best interests of their children, they can save time, money, and energy by creating a Parenting Plan by themselves.

Although the document is not legally binding, it helps parents to address some important issues and reach an agreement in relation to the children. It is also common for courts to take Parenting Plans into consideration when making decisions about the children, especially if one parent has tried to comply with it, while the other parent has not.

Is a Parenting Plan similar to Parenting Orders or Consent Orders?

All three of these documents can deal with parenting arrangements when parents have separated. However, there are some key differences. A Parenting Plan is non-binding, but is a cheap and easy way for parents to set out the arrangement when they are able to agree between themselves.

If the parents want to make the arrangement binding, then they can go to court to obtain a Consent Order. Effectively, they tell the court what they have agreed, and ask the court to make it legally binding by setting the arrangement out in a Consent Order.

Parenting Orders are orders by the court, when the parents are unable to agree. So the parents take their dispute to court and present their case, and ask the court to make a decision about what the parenting arrangements will be. Parenting Orders are also legally binding.

Is it mandatory to have a Parenting Plan?

No, but if the parents are able to reach an agreement about the parenting arrangements then it is a very good idea to put the agreement in writing by using a Parenting Plan. This will help if the situation becomes more hostile in future, as they will be able to refer back to the document and use it as a guide.

In addition, if they later end up in court over the parenting matters, then the court may take into account how well each parent has cooperated with the other parent. This will be much easier to prove if the parenting arrangements have been recorded in writing.

What kinds of decisions can be made in a Parenting Plan?

A Parenting Plan can deal with many kinds of decisions relevant to the shared care of children. Some common ones include:

• living arrangements, such as who the child will live with, on what days, and whether there will be different arrangements for weekends, public holidays, school holidays, birthdays, Christmas or other religious, cultural or significant events;
• the parents' general values and parenting style/philosophy;
• how the child's living costs will be handled;
• how the parents will deal with the child's education, such as which school they will attend and how they will deal with homework;
• any rules about diet and nutrition for the child;
• how pocket money will be handled;
• any chores for the child;
• the parents' approach to co-curricular activities;
• how the parents will communicate with each other, and communicate with the child while the child is with the other parent;
• how the parents will deal with decisions that need to be made between both of them, in relation to the child;
• how the parents will deal with disagreements regarding the child.

What are the prerequisites of a Parenting Plan?

In order for a document to be considered a Parenting Plan under the Family Law Act 1975 it must:

• be made free from any threat, duress or coercion
• be in writing
• be made between the parents of the child
• be signed by the parents of the child
• be dated
• deal with one or more of the matters described in section 63C(2) of the Family Law Act 1975, such as who the child will live with, the allocation of parental responsibility, maintenance of the child, and the process for resolving disputes regarding the Parenting Plan.

What is not permitted in a Parenting Plan?

Parenting Plans are flexible documents so they can cover a wide range of matters. However, there are some things that should not be included in them, such as:

• provisions that are not in the best interests of the child - such as creating an unsafe arrangement for the child, or denying the child contact with one of their parents without a good reason;
• provisions that restrict the child's legal rights - such as rights to access healthcare or education;
• provisions that attempt to override the law;
• provisions that attempt to be legally enforceable - the Parenting Plan is not legally enforceable, so provisions that include penalties (eg. if a parent does not comply) are unlikely to be enforceable.

Who can enter into a Parenting Plan?

To be a valid Parenting Plan under the Family Law Act 1975 the plan needs to be signed by both legal parents of the child. This can include biological parents as well as adoptive parents. Other people such as grandparents or step parents can also be included in a Parenting Plan as long as both legal parents have signed it.

Who cannot enter into a Parenting Plan?

While people who are not the legal parents of the child (such as grandparents or step parents) can be included in a Parenting Plan, they cannot be the only people that sign the plan. To be a valid Parenting Plan under the Family Law Act 1975 it needs to be signed by both legal parents of the child.

What has to be done once a Parenting Plan is ready?

Once a Parenting Plan has been finalised, it can be printed and signed by both parents. Both parents should keep a fully signed copy for their own records.

Does a Parenting Plan need to be validated by a judge?

No. A Parenting Plan is a non-binding document that is agreed between the parents voluntarily.

Does a Parenting Plan need to have witnesses?

No. A Parenting Plan can just be signed by the parents. Witnesses are not mandatory.

Can a Parenting Plan be amended?

Yes. If the parents agree, then they can amend a Parenting Plan. The changes should be recorded in writing though, to avoid any misunderstanding. Many parents just choose to prepare a new Parenting Plan at that point.

For how long is a Parenting Plan valid?

A Parenting Plan can remain in place indefinitely. However, the parents should review it from time to time to confirm that the written document still accurately reflects their arrangements.

Is a Parenting Plan binding?

No, a Parenting Plan is not legally binding.

However, a valid Parenting Plan has legal significance because it is common for courts to take Parenting Plans into consideration. For example, if one parent is not complying with it, the other parent can go to court and ask the court to make a legally binding order in line with the Parenting Plan. In addition, courts will consider the Parenting Plan when making decisions about the children, especially if one parent has tried to comply with it, while the other parent has not.

What if one parent does not comply with the Parenting Plan?

Parenting Plans are informal and non-binding, and are made voluntarily between the parents. If one of the parents does not comply with it, there are no immediate consequences for them, although it could make it harder for the two parents to work together cooperatively in future.

Ultimately, if one parent finds that the other parent is too uncooperative and is refusing to comply with the Parenting Plan, then they can commence legal action to apply for Parenting Orders. Parenting Orders are legally binding and enforceable, and there are penalties for non-compliance. When making Parenting Orders, the court will often take into account any Parenting Plan that has been made in the past, and if one parent has proven to be uncooperative and has failed to comply with the Parenting Plan, this may be taken into account.

It is a more expensive and complicated process to get Parenting Orders, so it is usually in both parents' (and the child's) best interests if the parents can work together and comply with the Parenting Plan in good faith.

What must a Parenting Plan contain?

In addition to the prerequisites for a valid Parenting Plan (outlined above), in order for a document to be considered a Parenting Plan under the Family Law Act 1975 it must deal with one or more of the matters described in section 63C(2) of the Family Law Act 1975, such as:

• who the child will live with;
• the allocation of parental responsibility;
• if 2 or more persons are to share parental responsibility for a child - the form of consultations those persons are to have with one another about decisions to be made in the exercise of that responsibility;
• the communication a child is to have with another person or other persons;
• maintenance of the child;
• the process for resolving disputes regarding the Parenting Plan;
• the process to be used for changing the plan to take account of the changing needs or circumstances of the child or the parties to the plan;
• any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child.

Which laws are applicable to a Parenting Plan?

Parenting Plans are dealt with under section 63C of the Family Law Act 1975.

Further information is also available from Family Relationships Online.

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