Parenting plans have changed over time. They were once agreements that could be registered with the Court, making them enforceable. Today, they’re informal written agreements that encourage parents to resolve care arrangements cooperatively, with the Court involved only as a last resort or by mutual consent for the purposes of obtaining consent orders.
When parents separate, it’s vital to consider how the change affects their children. A parenting plan is a practical way to document care arrangements and support a smoother transition.
A parenting plan is a written, signed, and dated agreement made freely between parents, outlining care arrangements for their children. It can include information such as:
- Parental responsibility – how decisions about education, health and religion are shared, or solely responsible by one parent.
- Living arrangements – whether children live equally between both parents or primarily with one parent.
- Time spent with the other parent – when and how the children spend time with the non-residential parent.
- Communication – how the children will maintain contact with the non-residential parent, such as weekly telephone/video calls.
- Other aspects of care – including routines, schooling, medical needs, holidays, or cultural practices.
- Dispute resolution process – how parents will handle disagreements, including attending mediation through Relationships Australia or another family dispute resolution service.
- Review process – how the plan may be updated to reflect the evolving needs of the children or changes in the parents’ circumstances.
While parenting plans offer flexibility and encourage cooperation, they are an informal agreement and are not legally enforceable. If breached, the Court cannot impose penalties or compel compliance although a Court can use the Parenting Plan as evidence of agreed parenting arrangements. However, they allow parents to adjust arrangements as circumstances change, without needing legal intervention.
For a structured and enforceable option, Parenting Orders may be appropriate. These Orders can encompass the same arrangements typically agreed upon in a parenting plan, but they are legally binding and enforceable by the Court if breached.
Considering care arrangements for your children? Contact our family law team on 1300 285 888 for confidential, tailored advice.
