When parents separate, establishing a Parenting Plan is one of the most important tasks. This written agreement outlines how children will be cared for and how responsibilities will be shared. In Australia, Parenting Plans play a crucial role in setting out the living arrangements and visitation schedules, aiming to ensure the child’s best interests are always the priority.
Understanding Parenting Plans in Australia
A Parenting Plan is a voluntary agreement between parents about how they will share parental responsibility and make decisions for their children. The Family Law Act 1975 encourages parents to reach such agreements to avoid the need for court proceedings. Parenting Plans are flexible and can be adapted as the child’s or parent’s needs change – for example, as the child grows older or a parent moves to another home
It’s important to note that while Parenting Plans are valuable, they are not legally binding. This means that if one parent does not follow the plan, the other parent cannot enforce it through the court, without first converting the plan into Consent Orders, which require the agreement of both parents.
Whether Flexible Or Set, Having Agreed Parenting Arrangements Makes Life Easier For Everyone
Every family is different, and what works for one may not work for another. Flexible parenting arrangements allow parents to tailor their schedules to fit their unique circumstances. For instance, some families prefer a 50/50 Parenting Plan with alternating weekends, while others may opt for Example A, or some variation of that. These arrangements provide structure while also accommodating the child’s changing needs and the parents’ work schedules.
50/50 Parenting Plans and Other Common Parenting Schedules
A 50/50 Parenting Plan involves the child spending equal time with each parent. This arrangement is often preferred when parents are equally involved in the child’s life and can cooperate well. Alternating weekends and Example A are common variations of 50/50 Parenting Plans.the 50/50 stuff removed from the newsletter
Example A involves the child spending 9 nights a fortnight with one parent and 5 nights with the other. This can be helpful to minimise long spaces away from each parent.
Some parents also find this schedule helpful for calendar management because it makes planning for work, extracurricular activities, social dates and appointments easier.
School holidays are treated differently, with the child typically spending half of each holiday period with each parent.
A Parenting Plan or Consent Orders can also provide that the child spend time with grandparents or other relatives.
What Should a Parenting Plan Include?
When creating a Parenting Plan, it’s essential to consider all aspects of the child’s life, including:
– Living Arrangements: Where the child will live on weekdays, weekends, and during school holidays.
– Visitation Schedules: When and how the child will spend time with the other parent and extended family members.
– Parental Responsibility: How major decisions about the child’s education, health, and extracurricular activities will be made.
– Special Needs: Any specific requirements or accommodations for children with special needs.
– Special Days: Arrangements for birthdays, holidays, religious observances and other special occasions.
– Communication: How the child will stay in touch with the other parent, including phone calls and video chats.
– Financial Support: How child support will be managed and whether a Child Support Agreement is needed.
– Schedule Changes: How to handle changes in the schedule due to unforeseen circumstances.
Are Parenting Plans Legally Binding?
As mentioned earlier, Parenting Plans are not legally binding. However, if a matter ends up in court, a Parenting Plan will be considered an agreement made between parents. They can be a helpful tool in maintaining open communication and cooperation between parents.
Parents should consider applying for Consent Orders if a legally enforceable agreement is needed. These orders, approved by the Family Court and Federal Circuit Court of Australia (FCFCOA), give legal effect to the Parenting Plan, making it enforceable by law.
Should We Get Consent Orders?
While Parenting Plans can be created without legal assistance, it’s often beneficial to seek legal advice to ensure that the plan is in the child’s best interests and meets the requirements of Australian Family Law.
Family Lawyers can provide guidance on creating a comprehensive Parenting Plan or help turn the plan into Consent Orders. This is done by drafting the orders in a particular legal format and applying to the FCFCOA to finalise them.
The Role Of Mediation & Family Dispute Resolution Practitioners
When parents struggle to agree on a Parenting Plan, a Family Dispute Resolution practitioner or Family Mediator can assist. These professionals help parents communicate effectively and reach an agreement that considers the child’s needs and their best interests.
In some cases, if an agreement cannot be reached, the next step may involve court proceedings. This is rarely necessary but is an option if other avenues fail.
What If Circumstances Change?
Parenting Plans should be flexible enough to accommodate changes in circumstances. Whether it’s a new job, a change in the child’s needs, a shift in work schedules, or a parent moving to a new home the plan should be revisited and updated as necessary. Open communication between parents is vital to ensuring that the Parenting Plan continues to serve the child’s best interests.
When to Consider Court for Parenting Orders
If parents cannot agree on a Parenting Plan or if there are concerns about family violence, child abuse, or the safety of the children, it may be necessary to seek court orders. The FCFCOA will consider the best interests of the children and make decisions accordingly.
Most Importantly! Make Sure Your Children’s Best Interests Come First
Parenting Plans are a vital tool in ensuring that newly separated parents can continue to care for their children in a way that prioritises a child’s best interests. Whether through a flexible arrangement, a Parenting Plan, or a legally enforceable Consent Order, the goal is to provide stability, security, and love for the child during what can be a challenging time.
By working together and considering legal advice when needed, parents can create a plan that supports their child’s growth and wellbeing.
This is general information only. Please contact us for expert legal advice that considers your unique personal situation before making any decisions based on this article.
