In our previous article, ‘What is a Parenting Consent Order versus a Parenting Plan?’, we looked at the different benefits and limitations between a formalised and informal parenting agreement. A parenting plan is a voluntary agreement between you and the other party on the day to day responsibilities of each parent to the child, recognised by the Court but not legally enforceable. This article will navigate the steps you and the other party will need to take when drafting a parenting plan, providing tips to ensure the creation of your parenting plan keeps the best interests of your child in mind.
What is a Parenting Plan?
A parenting plan is an informal written agreement between you and the other party about different factors in relation to the care of your children. This agreement is not a legally enforceable agreement, however, is still carefully regarded by the Court. A parenting plan offers parties some flexibility as there is no required format for a parenting plan – i.e. it can be as detailed or as simple as you’d like, and it offers parents a less stressful and cost-effective alternative than going to Court for a parenting consent order. Further, parenting plans can be changed at any time provided there is mutual agreement, and you cannot be punished by the Court for not following the arrangements set out in the plan if you choose to stop following it. More information on parenting plans and consent orders can be found here.
A parenting plan can cover the following issues:
- Parental responsibility/decision making for your child
- Who your child lives and spends time with
- The communication your child has with the other parent and family members
- Child financial support
- The process you will undertake to resolve parenting disputes and changing the parenting plan
- Any other elements in relation to the care, welfare and development of your child
Drafting a Parenting Plan
Step 1: Understanding the best interests of your child
Putting your child’s best interests first is the most significant factor when making decisions that concern them, emphasised under the Family Law Act. As a result, it is important that you and the other party understand what those interests are, and how you can accommodate these aspects to support your child’s physical and emotional needs. The safety of your child must come first when considering these best interests, and while you and the other party may already have these interests in mind, it is helpful to take the time to consider them properly.
Some factors you may want to have regard to in relation to the best interests of your child may include:
- Your child’s age – ensuring that the terms set out in your parenting plan are age appropriate and beneficial to your child’s developmental stage
- Your child’s physical and emotional needs including important factors in relation to your child’s medical care, protection from harm and aspects to maintain a health emotional well-being
- The relationship your child has with both parents and other significant figures including grandparents
- Your child’s finances – including child support and any shared expenses
- Your child’s own views and wishes – depending on the age and developmental stage of your child, you may want to consider their own wishes in determining what agreements may be of their best interests
Step 2: Creating a parenting schedule
Creating a parenting schedule which accommodates the needs of your family is an important aspect of the parenting plan. It should be one that engages with your child’s needs as they grow and change. The Court stipulates that the child should spend equal time with each parent if it is reasonably practicable and in their best interests.
Guidelines for what may be ‘reasonably practicable’ include:
- The distance between you and the other parent including the ability of both parties to maintain this arrangement (i.e. considering work hours, distance to the child’s school etc.)
- Communication and ability to resolve problems between both parties
- The impact of the arrangement on the child
Thus, a younger child may find it beneficial to participate in frequent visits while older children may benefit from less frequent changeovers. Different parenting schedules to accommodate a 50/50 time split may include alternating weekends, mid-week visits or biweekly rotations. In the case where distance will be an issue for equal time, you and the other party may consider arranging for your child to spend an extended period with one parent over summer or winter break.
Step 3: Communication and shared decision making on long-term major decisions
It is usually in a child’s best interests for both parents to have joint decision making for all major decisions (health, school, religion). Being joint on this does not mean equal care of the child. In some cases you can also seek that one parent has sole decision making for some or all of the major decisions. This can go into the parenting plan.
In order to maintain joint decision making, it is crucial that you and the other party arrange a communication plan to stay in touch and share updates about your child. There will be times where it is required to come together to make joint decisions about long-term issues such as schooling and health care. The parenting plan should include documentation on the approach you may take when communicating these matters and any initial decisions.
Tips when Drafting your Parenting Plan
- Ensure that you use clear language and specifics when necessary to prevent any misinterpretation or disputes that may arise in the future
- Outline any communication and decision making protocols
- Sign and date the document to exemplify commitment to the agreement
- If either parent has difficulties complying with a parenting plan that cannot be resolved by agreement with the other parent, there are a range of services available to assist including counselling and dispute resolution
Resources to Assist
Australian Government Family Relationships Online https://www.familyrelationships.gov.au/sites/default/files/documents/2021-11/106-parenting-plans.pdf
Legal Aid NSW https://www.legalaid.nsw.gov.au/my-problem-is-about/my-family-or-relationship/parenting/parenting-agreements
Australian Government Services Australia https://www.servicesaustralia.gov.au/parenting-plans-for-child-support-assessment?context=21911
RAMSDEN FAMILY LAW – HOW WE CAN HELP
If you face such a situation, consult our experienced family law specialists at Ramsden Family Law. We are here to provide you with the necessary legal support and guidance to protect your family’s best interests during this challenging time. Empathy and understanding are crucial to helping clients through these difficult situations.
Our team of dedicated family law specialists brings extensive experience to the table. We understand the nuances of family law cases involving substance abuse and criminal elements. We offer comprehensive legal support tailored to your specific situation. Whether you’re dealing with parenting disputes, family violence issues, or custody battles, we have the expertise to guide you.
We recognise the emotional and personal challenges you may face in these situations. Our approach is rooted in empathy, ensuring you receive the support you need during difficult times. Our primary goal is to safeguard your family’s well-being and best interests. We work diligently to achieve outcomes that prioritise your family’s future.
Every family law case is unique. We provide customised solutions and legal strategies tailored to your specific circumstances. Ramsden Family Law has a strong track record of successfully handling family law cases, including those involving substance abuse issues.
If you’re facing family law challenges related to substance abuse or criminal law, don’t hesitate to contact Ramsden Family Law. Your family’s future is our top priority, and we’re here to provide the guidance and support you need.
The content of this article is intended to provide general guidance to the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.
Posted in: Child Support, Parenting
November 15 2024
