Parenting plan document and pen for signature..jpg

PARENTING PLANS

- WHAT IS A PARENTING PLAN? -

A parenting plan is a signed written agreement made and signed between parents that sets out the practical considerations around the children's lives, their developmental needs and how parents will agree and consult on major long- term decisions including:

How the parents will share responsibility for the child
How the parents will consult about decisions to be made for the children
Who the child will live with
What time the child will spend with both parents
What time the child will spend with other family members i.e. grandparents
Changeover times and locations
How the child will communicate with each other or significant others i.e. via phone, text, app
How the parents will communicate with each other
i.e. via phone, text, email, parenting app
Arrangements for special days i.e. children's birthdays, parent's birthdays, Mother's Day, Father's Day
Arrangements for school holidays and public holidays
Arrangements for celebrations of religious and cultural significance i.e. Easter, Christmas
Arrangements for extracurricular activities
Travel arrangements for the children
Financial arrangements for the children (if needed) i.e. medical, education, sport and any child support payments.
Communication between parties on how to resolve disputes and how to make changes to the plan.

A parenting plan can be changed as long as both parents agree and sign the updated document.

- PARENTING PLANS, CHILD SUPPORT & CENTRELINK -

A parenting plan may affect child support, income support and family assistance payments.

Child Support may use a signed parenting plan to establish care levels in a child support assessment.

For further information contact:

Child Support ph: 131 271 or visit www.humanservices.gov.au/customer/dhs/child-support

Centrelink (Families and Parents Line)

ph: 136 150 or visit https://www.servicesaustralia.gov.au/raising-kids

- LEGAL CONSIDERATIONS -

To qualify as a parenting plan under the Family Law Act 1975, the agreement must be relevant to any aspect of the care, welfare or developmental of a child.

It must be agreed upon and signed by both the child's parents and be made free from any threat, duress or coercion.
A parenting plan is not a legally enforceable document.
It is different from a parenting order, which is made by the court and is legally binding.
A parenting plan can be altered between parties, as long as the document is signed and dated again by both parties.
Parents who have a parenting plan can apply to the court to have their plan made into an order. Once this takes place, it has the same effect as any other parenting order made by the court.
If parents end up in court at a later date, the court must consider the terms of the most recent parenting plan when making parenting orders in relation to the child, if it is in the best interests of the child to do so.
The court will also consider the extent to which both parents have complied with their obligations in relation to the child, which may include the terms of a parenting plan.
If your parenting plan changes the terms of an existing parenting order, you may not be able to enforce those parts of your old parenting order that are inconsistent with the terms of your new parenting plan.

PACT Mediation offers parenting plans to our clients.