Parenting plan document and pen for signature..jpg

PARENTING PLANS

-WHAT IS A PARENTING PLAN?-

A parenting plan is a signed and dated written agreement made 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 -

Under the Family Law Act 1975, a parenting plan is a written agreement that outlines arrangements for the care, welfare, and development of a child.
For a parenting plan to be valid, it must:

Be made between both parents (or relevant parties);
Be signed and dated by both parties; and
Be made voluntarily, without threat, coercion, or duress.

Important Considerations:

A parenting plan is not legally enforceable.
It is different from a parenting order, which is made by a court and is legally binding.
Parenting plans can be updated at any time, provided both parties agree and the new version is signed and dated.
Parents can apply to the Court to have their parenting plan converted into a legally binding order. Once made, it carries the same legal weight as any other parenting order.

If parents later attend court, the Court must consider the terms of the most recent parenting plan when making parenting orders—if doing so is in the best interests of the child.

The Court will also consider each parent’s compliance with their obligations, including whether they followed the terms of any previous parenting plan.

If your parenting plan changes parts of an existing parenting order, those altered parts may no longer be enforceable, so legal advice is recommended.

At PACT Mediation Services, we can assist you in creating a clear and child-focused parenting plan following Family Dispute Resolution.