By Holly Pitt, Senior Associate and Nationally Accredited Mediator (NMAS)
Navigating the complexities of parenting arrangements after separation or divorce can be challenging for many families. As family lawyers with extensive experience in this field, we often assist clients in drafting parenting plans—a crucial tool in ensuring the welfare of children and how parenting will be managed.
What is a Parenting Plan?
A parenting plan is a written agreement between separated or divorced parents that outlines the practical aspects of how they will care for and make decisions about their children. This agreement covers several essential areas:
- Residence and Time Spent: It specifies where the children will live and how much time they will spend with each parent. This can include things like birthdays, school holidays, Christmas and other special occasions.
- Parental Responsibilities: It details how parents will share the responsibility of making decisions about the children’s upbringing, including education, health, and religious matters.
- Communication: It outlines how parents will communicate with each other and with the children.
What about Child Support?
Child support is something that our client’s often ask us about when considering a parenting plan. We recommend your child support arrangements be included in a separate child support agreement if it is that you wish to come to an arrangement outside of the usual government-assessed child support regime. Parenting plans do not typically include child support agreements.
You should also make sure to get advice specific to your circumstances when considering a child support agreement, as the type of agreement you make, and the amount of child support you agree to pay or receive, can affect your child support Family Tax Benefit Part A entitlement.
Legally Binding Nature
It’s important to note that parenting plans are not legally enforceable documents like consent orders issued by the court. However, they are considered by the court in the event of a dispute, provided they are in writing, signed, and dated by both parents. Courts generally encourage parents to negotiate and reach agreements independently, promoting cooperative co-parenting where possible.
Creating a Parenting Plan
The process of creating a parenting plan involves open communication and a focus on the best interests of the children. Parents should consider creating a plan with the guidance of family lawyers so that the plan is flexible enough to accommodate changes as children grow and circumstances evolve.
Why Seek Legal Advice?
While parenting plans aim to be flexible and amicable, it’s crucial to ensure they align with Australian family law and adequately protect both your rights and your children’s welfare. Seeking legal advice ensures:
- Compliance: Your parenting plan complies with Australian family law requirements.
- Mediation and Negotiation: Assistance in resolving any disagreements between parents to reach a fair and workable agreement.
- Preparation for Court: If necessary, preparation of consent orders based on the parenting plan for submission to the court.
Conclusion
A well-drafted parenting plan can provide stability and predictability for children while fostering a cooperative co-parenting relationship between separated or divorced parents. If you are considering drafting or modifying a parenting plan, we encourage you to book a consultation with a qualified family lawyer. This step will ensure your plan is tailored to your family’s unique circumstances and stands the best chance of being effective and sustainable in the long term.
For personalised advice and guidance on parenting plans or any family law matter, please contact our firm to schedule a consultation. We are committed to helping you navigate the complexities of family law with sensitivity and expertise.
