What is a Parenting Plan?
A Parenting Plan is a written agreement between parents who are separated for the care of their children. The Parenting Plan can include agreements about:
Time with each parent;
How decisions are to be made about the children;
How the parents will communicate with each other;
How changes to the agreed arrangements will be negotiated;
Any financial support arrangements for the children;
Anything else your children may need from their parents.
A Parenting Plan must be in writing, signed and dated by the parents. It can also include third parties, such as grandparents, or other extended family members, and can be made informally or formally.
What are the benefits of having a formal Parenting Plan?
A Parenting Plan is useful because it allows both parents to have a document to refer back to about the arrangements, to avoid any confusion about what arrangements were agreed upon.
Your Parenting Plan can be provided to third parties, such as schools and childcare centres, so that they have documented what the children’s arrangements are. It could also be provided to Services Australia to assist with your child support situation.
Many parents are able to agree between themselves about their children’s arrangements, but some benefit from assistance with negotiating and documenting agreements. An informal Parenting Plan can be arranged simply through the parents agreeing themselves but a formal Parenting Plan can be made with the assistance of a counsellor, mediator, lawyer or other independent third party, with specific legal terminology and concepts being included.
Why use a Family Dispute Resolution Practitioner for a Parenting Plan?
Some parents find it helpful to negotiate with the assistance a Family Dispute Resolution Practitioner (FDRP) because they are unable to agree. The FDRP will assist you to see things from the other parents’ perspective, but most importantly, from the perspective of your children. They will provide a sounding board to reality check your arrangements and will assist in reaching a compromise if needed. Your FDRP can also refer you to other sources of information or support that they think could be of assistance to you and your family.
Alternatively there are online resources that you can refer to, or government subsidized organisations such as Relationships Australia or Better Place Australia, who can assist you with agreeing upon a Parenting Plan. You may also qualify for Legal Aid to fund a lawyer to assist you.
Can I review and update my Parenting Plan?
You can return to fine tune your Parenting Plan as many times as you need and in doing so, your Plan can grow and change as your children do too. Either party to the Parenting Plan can withdraw their agreement at any time and a new agreement can be negotiated. You can return to the Family Dispute Resolution Practitioner who first assisted you, or you can reach out to a lawyer if you need legal advice about any changes that may have occurred for your family before you agree to a further Parenting Plan.
The important thing is that both parents feel free from any pressure in the agreement and are able to say that the agreement was reached fairly and the arrangements agreed to are in the best interests of the children.
Author: Sarah Pullan, Lawyer, Independent Children’s Lawyer
