By Holly Pitt, Senior Associate and Nationally Accredited Mediator (NMAS)
The complexities of parenting arrangements following separation or divorce can pose significant challenges for families. As seasoned family lawyers, we frequently assist clients in creating parenting plans—vital documents that ensure children’s welfare and outline parenting responsibilities.
Understanding Parenting Plans
A parenting plan is a written agreement between separated or divorced parents, detailing the practical aspects of childcare and decision-making. This agreement covers several key areas:
- Residence and Time Allocation: Specifies where the children will live and how time will be divided between parents, including arrangements for birthdays, school holidays, Christmas, and other special occasions.
- Parental Responsibilities: Details of how decisions regarding education, health, and religious upbringing will be shared between parents.
- Communication: Outlines how parents will communicate with each other and their children.
Child Support Considerations
Clients often inquire about including child support in their parenting plans. We recommend establishing separate child support agreements if you wish to deviate from the standard government-assessed child support system. Parenting plans typically do not include child support arrangements.
It’s essential to seek advice tailored to your circumstances when considering a child support agreement, as it can impact your Family Tax Benefit Part A entitlement.
Legal Standing of Parenting Plans
Parenting plans, unlike court-issued consent orders, are not legally enforceable. However, courts do consider them in the event of disputes, 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 whenever possible.
Crafting a Parenting Plan
Creating a parenting plan involves open communication and prioritising the best interests of the children. Engaging family lawyers can help ensure the plan remains flexible enough to adapt as children grow and circumstances change.
Importance of Legal Advice
While parenting plans are intended to be flexible and amicable, it’s crucial to ensure they comply with Australian family law and adequately protect both your rights and your children’s welfare. Seeking legal advice ensures:
- Compliance: Your parenting plan adheres to Australian family law requirements.
- Mediation and Negotiation: Assistance in resolving disagreements to reach a fair and workable agreement.
- Preparation for Court: If necessary, drafting consent orders based on the parenting plan for court submission.
Conclusion
A well-constructed parenting plan can offer stability and predictability for children while fostering a cooperative co-parenting relationship between parents. If you are considering drafting or modifying a parenting plan, we encourage you to consult with a qualified family lawyer. This ensures your plan is tailored to your family’s unique circumstances and stands the best chance of being effective and sustainable 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 dedicated to helping you navigate the complexities of family law with sensitivity and expertise.
