What is a parenting plan?
A Parenting Plan is an informal written agreement between parents in which parents agree on how to raise their children together. The Family Law Act 1975 (“FLA”) makes provision for Parenting Plans although they are not filed in court and are not legally binding.[1]
Parenting Plans are a common method for parents to agree on raising their children together after separation. They are suitable in most cases.
Benefits of parents negotiating the terms
One important feature of Parenting Plans is the negotiating process itself between the parents of the terms of the Plan which allows parents to address and resolve issues which often are the source of future disputes when left unaddressed.
Pre-empting disputes
Often parents fight in court about all kind of issues involving the children:
- routines in a child’s day – when to go to bed, when to get up
- style of discipline
- parenting styles
- when and in what way to introduce a new partner to the children’s lives
- schools
- health – allergies, asthma, ADHD, autism
- what movies they should watch.
Ideally, parties should pre-empt these issues and address during the negotiations about a Parenting Plan before they become a problem about which they fight in court.
Owning the Plan/avoiding conflict and hostility
In the process of negotiating ownership of the Plan and is more likely to implement it.
The process of negotiating shared care arrangements through a Parenting Plan often helps avoid conflict or hostility between the parents. This is beneficial as it is widely recognised that hostility and conflict between parents after separation can have significant negative impacts on the children.
What are the basics of parenting plans?
- For parents to come to an agreement on care arrangements for the children without going to court.
- Must be in writing, signed by both parties, and dated to be recognised under the FLA.
- May include arrangements for time with grandparents or stepparents.
- Unlike Consent Orders, they are not legally enforceable
- Existing plans can be submitted as evidence in court during disputes about children’s matters
- Domestic violence orders usually allow exceptions for Family Law Orders or Parenting Plans that permit parent-child interactions.
What is included in a parenting plan?
As well as setting out arrangements for the care of the children, in our view it is important to include at the outset agreed common values about how parents will raise their children together after separation.
At Turini McKean Law we suggest to parents negotiating a Parenting Plan to negotiate and agree on various common values as follows:
- Respect each other and each other’s role as a parent.
- Speak with one voice (show the children a united front and have discussions about issues away from the children).
- Cooperate flexibly.
- Establish routines and agree on parenting styles.
- Agree on discipline.
- Agree on health and educational issues
- Decide on schools the children will attend
- attending parent/teacher nights together if possible.
- Child support and school fees.
- Agree to catch up from time to time (in person, digitally) to discuss the children
The above are examples only and it is not an exhaustive list. Each parenting plan will need to contain items relevant to your unique situation.
If you would like advice on drafting Parenting Plans, Parenting Orders or other advice on family law children’s matters, please contact us:
Email: [email protected] or
Phone: +61 2 61983384
[1] Although not legally binding, a Parenting Plan is admissible in Court during any future Court proceedings as evidence that a parenting agreement was previously entered into by the parents.
