When parents divorce or separate, one of the most important decisions they must make is how to raise their children. There are no requirements under the Law to formalise children’s arrangements. Parents may decide to have a verbal agreement and continue with the children’s care arrangements post-separation with no issue.
Recording an agreement about children’s arrangements has many benefits, including reducing conflict, minimising the risk of future conflict, and stability and consistency for the children.
In Australia, parents can record an agreement about the care of their children through a Consent Order or Parenting Plan.
What is a Parenting Plan?
A Parenting Plan is a written agreement voluntarily entered into by parents. A Parenting Plan may include details about the day-to-day care of the children and the responsibilities of each parent.
The Family Law Act states that a Parenting Plan must be in writing, signed and dated by both parents and must be made free from any threat, duress or coercion.
So, what can we include in our Parenting Plan? Your Parenting Plan should be as practical, simple and concrete as possible. The contents of your Plan will be specific to your circumstances; however, it can cover any details around the care, welfare and development of a child/children.
When thinking about what you would like to include in the Parenting Plan, some of the things you may want to cover are:
- Are there any major decisions about the children that must be agreed upon? Ie. What school will the children attend?
- How will the parents communicate and consult one another about major decisions affecting the children, such as the children’s education?
- Who will the children live with and spend time with?
- What agreement has been made for special days, such as Christmas and Birthdays?
You may wish to include other matters in your Parenting Plan, such as payments towards children’s expenses. It is important to remember that any matters included in the Parenting Plan will not be enforceable.
Can I enforce a Parenting Plan?
A Parenting Plan cannot be enforced, unlike a Consent Order made by the Court.
If parents prefer that their Parenting Plan is enforceable, a Solicitor can help parents convert the Parenting Plan into draft Orders and then a request can be made to the Court to have the proposed agreement made into an Order. If the Court accepts the proposed Orders, they will be sealed and have the same effect as any other Parenting Order made by the Court.
If parents have a Parenting Plan and end up in Court, the Court must consider the terms of the Parenting Plan and what is in the children’s best interests.
If Parenting Orders are already in place and parents then make a Parenting Plan, it is essential to remember that you may not be able to enforce parts of your old Parenting Order that are inconsistent with the Parenting Plan. It is important that if you have an Order in place and then decide to enter into a Parenting Plan, you obtain legal advice to understand any implications of making a Parenting Plan after a Parenting Order.
If you would like to discuss whether a Parenting Plan may be suitable for your family, please reach out to us on 1300 414 855 or tarryn@gfclaw.com.au or our online enquiry form to book a FREE no obligation 15-minute clarity call with an experienced Family Lawyer.