Working out how to parent after a separation can be daunting and you may have heard the term ‘parenting plan’ from those you know that that have separated and had children involved in the process.

But what IS a parenting plan?

In the context of the Family Law world, a parenting plan is a formal document signed by each party that sets out their agreed parenting arrangements and can be as detailed or simple as you like.

It is important to note however that a parenting plan is not a legally binding document. Despite capturing your desired agreement, they are not legally enforceable. This means that although they are an excellent alternative to saving legal fees and time, they may not be the best possible option for you, your former partner and/or your children.

It's important to know that if you are looking to establish a legally enforceable documented agreement, you might wish to consider formalising your agreement by way of Consent Orders. 

What is law on parenting arrangements?

The Family Law Act 1975 (Cth) sets out the principles that should be considered when determining parenting arrangements for children and encompasses a broad range of factors that encompass the ‘best interests’ of the child or children. In Family Law, we give general advice about what a Court might consider when determining the best interests of your children, as this is a legislative provision captured by Section 60CC of the Family Law Act 1975 (Cth). This is because the Court will apply a two-step approach when determining proposed parenting arrangements, being:

1. The benefit to the child of having a meaningful relationship with both of the child's parents; and
2. The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

It is important to note that of the two ‘primary considerations’, greater weight is placed on the second consideration (the need to protect from the risk of harm).

So, we've covered what the Court needs to consider - but what about you?

Here's a useful starting point of questions to consider when creating your own parenting plan...

Your existing arrangements

• Are the current arrangements working for the children?
• Are they working for you and your co-parent?
• What needs to change, or what should stay the same?

Family time

• Do your children have a relationship with their grandparents/extended family?
• Are there other important people in your children's lives that might need to be considered?
• Do you have a blended family? How will you ensure the children still get to spend time with both families?

Education

• Are the children currently enrolled to attend school, or do they need to be added to waitlists anywhere?

Extracurriculars

• Are the children currently enrolled, or do they need to be enrolled in any sports/extracurricular activities?
• Who will pay for things such as uniforms, gear and fees?

Transport

• How will the kids travel to and from school, or your co-parent's place to yours?
• Who's on pick up / drop off duty, and when?

Communication

• How will you facilitate the children contacting your co-parent when they are in your care?
• Think about suitable times and dates for communication by way of phone, email, text, call or social media time or even by post!

Health

• How do you communicate about urgent medical information, or in the event of an emergency?
• Who will manage medications and scripts?
• How will you make urgent or important medical decisions? And how will you communicate about it?

Religion

• Are the children practicing any religion or social beliefs?

Travel and holidays

• Consider what happens during holidays, birthdays, special occasions, Christmas, Easter, school holidays?

The benefits of a parenting plan

• Gives you the flexibility to adjust arrangements in accordance with the children's needs and wishes, as opposed to a formal agreement (such as Consent Orders) has very limited avenues to 'edit' or change your agreement.
• Helps avoid the time, stress and fees associated with negotiating formal arrangements.
• Can be used as evidence of your agreement and/or your intentions behind the agreement if your matter ever did proceed to Court.

Disadvantage of entering into a parenting plan 

It does not capture what might happen in the event that one of your children no longer wish to follow the agreed parenting plan. Or, in the event that your co-parent decides to depart from the agreement, you don't have a legal avenue to rely on to compel them to comply with your parenting plan. 

If you need help in considering your child's future parenting arrangements, contact Parker Coles Curtis today.