How Do I Make A Parenting Plan?
A parenting plan is a voluntary agreement that records the day-to-day responsibilities of each parent, as well as how parents will agree and consult on major long-term issues about their children. It can be changed at any time as long as both parents agree. There is no requirement to have a parenting plan after separation. However, having a parenting plan can be helpful for children and parents to provide consistency in the care arrangements and certainty after separation.
There are two ways in which parents can record care arrangements, either a consent order or a parenting plan. A Parenting Plan can be changed anytime with both parents’ consent and is usually more flexible.
The Legal Stuff
The Family Law Act of 1975 states that a Parenting Plan must be signed and dated by the children’s parents. A Parenting Plan must be free from any threat, duress or coercion. It does not have to be in a specific format or witnessed.
A Parenting Plan is not enforceable. However, the Court must consider the terms of the most recent parenting plan when making parenting orders concerning the child if it is in the child's best interests to do so.
What Can I Include In a Parenting Plan?
Matters that may be covered in a Parenting Plan include but are not limited to:-
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- who the child will live with
- what time will the child spend with each parent
- what arrangements need to be made for special days, such as birthdays and holidays
- what will happen if the parents disagree about the Parenting Plan
But…. What Makes the Perfect Parenting Plan?
Seeking a balance between family life, your child's best interests, your emotions, and everything else is fundamental to every family when designing the perfect Parenting Plan.
Here are six essential things to consider when formulating your Parenting Plan:-
One: Understand your child's best interests
The child’s best interests should be paramount when creating a Parenting Plan. Taking adequate time to consider your child’s best interests will help guide you towards the perfect arrangements. Every child is different, so a Parenting Plan should be drafted to address each child’s needs.
Two: Choose a schedule that works
Your schedule will determine your family's new routine. Your schedule is crucial to your Parenting Plan, so finding a schedule that works for your family is important. Your schedule may change to meet your children’s needs as they grow. For example, younger children may cope better with shorter and more frequent visits than older children, who may adapt to more extended periods away from their primary caregiver.
As well as the regular parenting schedule, parents must also consider plans for holidays and special occasions.
Three: Have a plan for communication
Don't wait until the time arises that you need to communicate about difficult decisions impacting the children. Deciding how you and your co-parent will stay in touch and share updates about your child is essential. Co-parenting apps may be suitable for your family’s communication and can provide a structure for co-parenting communication.
Four: Know how you will make big decisions
Major life decisions that concern your child are not ones to consider lightly. As such, if you and your co-parent share the responsibility to make major decisions about your child's life, design a plan for how you will discuss important decisions impacting your children.
Over time, you and your former spouse must make decisions about your child's education, medical care, religious practice, and where they reside. In your Parenting Plan, record your initial agreements and plan how to communicate on these matters moving forward. It is also important to plan how to communicate with your co-parent in an emergency.
Five: Go over your child's finances
Child Support is governed by the Child Support Agency in Australia or a private Binding Child Support Agreement. However, both avenues are not mandatory, and you may wish to record financial arrangements more flexibly through a Parenting Plan. Having an Excel sheet of children’s expenses may assist in determining how parents may like to share children’s expenses.
Six: Remember your goals
After you have made a parenting plan, it is important to keep your goals in mind and remember the focus of the parenting plan. Remembering the foundations and goals you had when agreeing to the Parenting Plan will set your family up for future success. How would you like your children to reflect on this chapter of their lives? Whilst it may be challenging, try to create a positive chapter for your children to look back on in the future. Where safe to do so, goals are best created towards a positive, flexible and co-parenting relationship.
The Takeaway
Discussions about parenting arrangements after separation or divorce are sometimes challenging. Having a perfect parenting plan in place is not always a fast process. However, when a parenting plan is done right, it can be a perfect way for families to move forward in a child-focused and peaceful way.
If you would like assistance in creating the perfect parenting plan for you and your family, call us today on 1300 414 855 and speak to an experienced Collaborative Family Lawyer about how to create a Parenting Plan or Consent Order suitable for your family.